감정가액이 상증세법 제61조 등의 규정에 의하여 평가한 가액과 제5항 시가의 100분의 90에 해당하는 가액 중 적은 금액에 미달[국승]
Seoul High Court-2014-Nu-47213 ( dated 21, 2015)
The value of the appraised value by the appraisal value under Article 61 of the Inheritance Tax and Gift Tax Act, etc., which falls short of the smaller amount between the value assessed by the appraisal value and the value equivalent to 90
Article 49(1)2 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act provides, “Where the relevant appraised value falls short of the smaller of the value assessed under Article 61, etc. of the Act and the value equivalent to 90/100 of the market value under paragraph (5).” In the case of the converted value of rent under Article 61 of the Inheritance Tax and Gift Tax Act, the converted value of rent which is not 90% shall be compared with the original appraised
2015Du46116 Revocation of Disposition of Imposing Inheritance Tax
1. AA2. AB; 3. ACC;
Samsung Head of Samsung Tax Office
Seoul High Court Decision 2014Nu47213 Decided May 21, 2015
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the ground of appeal on the grounds of appeal is not deemed to have been rejected or not.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
October 15, 2015