The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. A local corporation B (hereinafter “indonesia”) is a corporation that extracts and sells coal resources on the basis of mining rights holders and mining concessions under the Agreement on Mining Management in Indonesia.

Around December 209, the Plaintiff entered into a mutual agreement on acquisition of shares (hereinafter “instant transfer agreement”) with a corporation Co., Ltd. (hereinafter “C”) to sell 25% (hereinafter “instant shares”) of the Plaintiff’s shares at KRW 6.25 billion between the Plaintiff’s representative and the major shareholder holding 70% of the shares of the Indian company (hereinafter “instant shares”).

B. On November 1, 2016, the Defendant decided and notified the Plaintiff of the transfer income tax of KRW 1,030,501,80 (including additional tax of KRW 479,401,890) on the ground that the Plaintiff transferred the instant shares and did not report the transfer income tax.

(hereinafter “instant disposition”). C.

The Plaintiff filed an appeal against the instant disposition, but the Tax Tribunal dismissed the appeal on September 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 8, 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The amount of shares to be transferred under the instant transfer contract is not determined as 25% or 55%, and since the “ conditions prior to the termination” stipulated in the instant transfer contract have not been fulfilled, it cannot be deemed that the instant shares were transferred. 2) On December 28, 2009, the Plaintiff failed to return the transfer price of the instant shares to C’s representative director D and receive KRW 6.5 billion. The Plaintiff did not yet receive the transfer price of the instant shares after return to C’s representative director D on December 28, 2009. Since the transfer price of the instant shares was not yet settled, the transfer date under the Income Tax Act cannot be deemed to have arrived.

(b) as shown in the attached Form of the relevant statutes;

(c) fact of recognition 1 C is related to information security;