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(영문) 대법원 2015. 07. 19. 선고 2015두40576 판결

(심리불속행) 감정가액에 비례율을 곱하는 방법으로 조합원 입주권을 평가한 것은 위법함[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu60087 (2015.03.19)

Title

(D) Evaluation of the right to occupy a cooperative by means of multiplying the appraisal value by the proportional ratio is illegal.

Summary

The method of assessing "the right to acquire real estate" at the value of the right (value of appraisal 】 the value of the right computed by the Cooperative is not a legitimate supplementary assessment method, but it is not permissible because there is no other reasonable ground provision.

Related statutes

Evaluation of superficies Article 51 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act

Cases

2015Du40576 Revocation of Disposition of Revocation of Inheritance Tax Imposition

Plaintiff-Appellant

The AA

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Seoul High Court Decision 2013Nu48134 Decided July 24, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition