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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff as the representative director of the non-listed corporation B (hereinafter “instant company”) and the shareholder holding 442,692 shares issued by the instant company (54.4%) on May 20, 2014, transferred 75,00 shares out of the shares held to C, and 17,185 shares out of the shares held to D on May 30, 2014, and on July 1, 2014, the Plaintiff exchanged 350,507 shares (43.07%; hereinafter “instant shares”) issued by the U.S. corporation E (hereinafter “E”), but did not report and pay capital gains tax.
B. On September 8, 2017, the Defendant notified the Plaintiff of KRW 173,66,210 of the transfer income tax reverted to the year 2014 on the transfer of shares of the said KRW 442,692.
(hereinafter “instant disposition”). C.
On October 16, 2017, the Plaintiff dissatisfied with the instant disposition and filed an appeal with the Tax Tribunal. However, the Tax Tribunal dismissed the Plaintiff’s appeal on January 23, 2018.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, Eul evidence No. 1, and the purport of the presumption of pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s exchange of the instant shares constitutes “emergency stock exchange for strategic alliance” as prescribed by Article 46-7 of the former Restriction of Special Taxation Act (amended by Act No. 13560, Dec. 15, 2015; hereinafter the same), and thus, the transfer income tax on the instant stock exchange is subject to deferred taxation. Of the instant disposition, the part on imposition of transfer income tax on the instant stock exchange under a different premise is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. According to the relevant provisions and Article 46-7(1) of the former Act on Special Cases concerning Taxation Restriction, stocks owned by the stockholders holding not less than 10/100 of the total number of issued stocks of a venture business, etc. shall be strategic between the venture business, etc. and the affiliated corporation as prescribed by Presidential Decree.