양도소득세부과처분취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination on the plaintiffs' allegations, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination
A. On November 21, 2003, the gist of the Plaintiffs’ assertion: (a) around November 21, 2003, the Plaintiffs drafted a package contract at the request of C Co., Ltd. (hereinafter “C”); and (b) transferred all evidentiary documents, such as a sales contract, to C; and (c) there is no objective financial transaction details that can verify the actual acquisition value, and thus, it cannot be confirmed that the actual transaction
Nevertheless, it is unlawful that the disposition of this case was made by identifying the value reported as acquisition tax base or C’s book value as actual transaction value.
B. Determination 1) The former Income Tax Act (amended by Act No. 15225, Dec. 10, 2017; hereinafter “former Income Tax Act”)
Article 97(1)1 of the Act provides that the transfer value of real estate shall be deducted from the transfer value, but the transfer value and the acquisition value shall be based on the actual transaction value. However, in cases where the “actual transaction value at the time of acquisition” cannot be confirmed, the “actual transaction value” which serves as the basis for the calculation of the transfer margin is not the general market value that reflects the objective exchange value, but the “actual transaction value” refers to the “amount of actual transaction value at the time of transaction itself or at the time of transaction” (see, e.g., Supreme Court Decisions 2009Du19465, Feb. 10, 201; 201Du24286, Oct. 15, 2015).
Since the burden of proof is the tax authority, the transfer price as in this case shall be the actual transaction price and the acquisition price shall be the same.