2. The costs of lawsuit shall be borne by the Plaintiff.

A. A. Around 197, the Plaintiff acquired 189 m2,102 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2 (hereinafter “the instant 2 real property”). After that, as a result of the compulsory auction process for each of the instant real property, the instant 1 real property was sold to ○○ on November 17, 204; and each of the instant real property was sold to ○○ on November 17, 204. < Amended by Act No. 7213, Dec. 2, 2004>

B. On May 31, 2005, the Plaintiff filed a final return on the tax base of transfer income for the year 2004 with the Defendant. The Plaintiff calculated the transfer value of the real estate of this case as the actual transaction value at KRW 676,925,00 in total, and reported the transfer income tax amount at KRW 115,07,681 after calculating the transfer value at the standard market price at the time of acquisition and transfer under Article 114(5) of the former Income Tax Act (amended by Act No. 7837 of Dec. 31, 2005) and Article 176-2(2)2 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 18705 of Feb. 19, 2005) by calculating the transfer value at KRW 253,197,042 as the standard market price at the time of acquisition and transfer.

C. After that, the Plaintiff discovered a copy of the sales contract (A.5-1, 2) stating that the Plaintiff purchased each of the instant real estate in KRW 2.5 million including other real estate at the time of acquiring the instant real estate, and that the Plaintiff purchased the instant real estate in KRW 1.39,50,00,00,000, based on these findings, calculated the acquisition value of the instant real estate in proportion to the standard market price at the time of the acquisition of each of the instant real estate in proportion to the above sales price, and calculated the acquisition value of the instant real estate in KRW 830,705,338,000,000 in total as KRW 839,50,340. On July 11, 2005, the Plaintiff revised the acquisition value of each of the instant real estate in KRW 253,197,042 from the acquisition value at the time of conversion of the said final return to KRW 839,501,340.

D. However, the Defendant rejected the Plaintiff’s claim for correction on the ground that the above acquisition value of KRW 839,501,340 was not confirmed as the actual transaction value, and issued the instant disposition imposing capital gains tax of KRW 129,091,380 (including additional tax for arrears) for the Plaintiff on January 16, 2006, by correcting the amount erroneously calculated, such as acquisition value at the time of the said final return.

(In the absence of dispute, Gap 1, 4, 5, 1

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

According to the copy, etc. of a sales contract concerning each real estate of this case submitted by the Plaintiff at the time of filing a request for correction on July 11, 2005, the actual acquisition value of each real estate of this case can be sufficiently verified that the real acquisition value of each real estate of this case is 839,501,340 won. However, the disposition of this case which did not

(b) Related statutes;

It is as shown in the attached Form.

C. Determination

(1) Therefore, as to whether the above acquisition value of KRW 839,501,340 claimed by the Plaintiff can be recognized or verified as the actual acquisition value of each of the real estate of this case, health care team, Party A5, Party A5, Party A6, Party A4, Party B, etc., in light of the above evidence itself, or the following circumstances acknowledged by Party A4, Party B, etc., and there is no other evidence

In other words, the possibility that ① a copy of a sales contract (A5-1 and 2) concerning each of the instant real estate, etc. submitted by the Plaintiff is not the original, but the possibility that it will be prepared ex officio without the entry of the broker can not be ruled out.

② Of the above sales contract concerning the real estate No. 1 in this case (A5-1) states that the Plaintiff shall purchase 400,049 square meters of five parcels, including the real estate No. 1 in this case from ○○○○ and ○○○○○ on October 7, 1996, and pay the down payment amount of KRW 20,500,000 on the day, and the remainder of KRW 1.85,000,000 on January 20, 1997, respectively. The Plaintiff did not submit a copy of the receipt of KRW 1.85,000,000,000 in the name of ○○○ and ○○○○ on December 19, 196 (A-1) and without submitting the document of confirmation on the same date (A-72,000,000,0000 won), and the Plaintiff did not submit any specific data on the method of payment of KRW 375,00,000 in this case.

③ From March 10, 2006, ○○○ confirmed that the copy of the above sales contract with respect to the instant real estate No. 1 was true, and that on June 7, 2006, the above five parcels of land, including the instant real estate No. 1, were transferred to the Plaintiff on December 19, 1996 in total amount of KRW 2,050,000,000,000,000. While the above copy of the sales contract, copy of the receipt, and copy of the confirmation document, were verified as a document in a genuine manner, each of the above confirmation documents was prepared at nine years or more from the time of the above sale, and its credibility is doubtful. Furthermore, according to the sale and purchase document prepared by ○○ on August 3, 2002 (B) and written on June 7, 2006, 2000,000 won, including the intermediate payment of KRW 36,000,000,000,000.

(2) Therefore, since 839,501,340 won, which the Plaintiff asserted as the acquisition value of each real estate of this case, is not confirmed as the actual transaction value, the acquisition value shall be converted into the price under Article 114(5) of the former Income Tax Act and Article 176-2(2)2 of the former Enforcement Decree of the Income Tax Act. Thus, the disposition of this case, which calculated gains on transfer and the amount of capital gains tax based on the conversion value, is legitimate.

3. Conclusion

Thus, the plaintiff's claim seeking the cancellation of the disposition of this case cannot be accepted, and it is dismissed.

public official law, order of law,

(1) The former Income Tax Act (amended by Act No. 7837 of Dec. 31, 2005)

Article 94 (Scope of Transfer Income)

(1) Transfer income shall be the following incomes issued in the relevant year:

1. Income accruing from transfer of land (referring to a lot of land subject to registration of land category in the cadastral record under the Cadastral Act) or buildings (including the facilities and structures annexed to such buildings);

Article 96 (Transfer Price)

(1) The transfer value of assets referred to in Article 94 (1) 1 and 2 shall be the standard market value at the time of transfer of the assets concerned: Provided, That where the assets concerned fall under any of the following subparagraphs, the actual transaction value between the transferor and transferee (hereinafter referred to as “actual transaction value”) shall apply:

6. Where the transferor reports the actual transaction price at the time of transfer and acquisition to the head of tax office having jurisdiction over the place of tax payment by the deadline for final return under Article 110 (1), together

Article 97 (Calculation of Necessary Expenses in Transfer Income)

(1) In calculating gains on transfer of a resident, necessary expenses to be deducted from the transfer value shall be as follows:

1. Acquisition value:

(a) In case of assets as prescribed in Article 94 (1) 1 and 2, the standard market price at the time the assets are acquired: Provided, That in case where the assets concerned fall under any of subparagraphs of Article 96 (1), it shall be based on the actual transaction price required for the acquisition of such assets;

(c) In the case of proviso (a) or (b), where it is impossible to confirm the actual transaction value at the time of acquisition, the transaction example value, appraisal value or conversion value

Article 100 (Calculation of Gains on Transfer)

(1) In calculating gains on transfer, if the transfer value is calculated based on the actual market value (including the value provided for in Article 96 (3) and the appraised value, etc. in cases where the transaction example or appraised value is applied pursuant to Article 114 (5)), the acquisition value shall also be calculated based on the actual market value (including the value provided for in Article 97 (7) and the appraised value, converted value, etc. in accordance with Article 114 (5)), and if the transfer value is calculated based on the standard market value, the standard market price shall also be calculated.

(2) In the application of paragraph (1), where the transfer value or acquisition value is calculated based on the actual transaction value and the land and buildings are acquired or transferred, they shall be separated and entered, but where the distinction between the land and the buildings, etc. is unclear, it shall be calculated in accordance with the Presidential Decree by taking into account the standard market price at the time of acquisition or transfer. In this case, common acquisition

Article 114 (Determination, Revision and Notification of Tax Base for Transfer Income and Amount of Tax)

(2) If any omission or error is found in the details reported by a person who has made a preliminary return under Article 105 or a person who has made a final return under Article 110, the chief of the regional tax office having jurisdiction over the place of tax payment shall

(4) If the director of the regional tax office having jurisdiction over the place of tax payment or the director of the regional tax office determines or revises the tax base of transfer income and the new amount under paragraphs (1) through (3), he shall determine or correct the tax base of transfer income and the new amount thereof under Articles 96 and 97: Provided, That in case where a resident makes a preliminary return or the final return on the tax base of transfer income under Articles 96 (1) 6 and 97 (1) 1 (a) (proviso), if such returned amount is different from fact and the head of the regional tax office having jurisdiction over

(5) In applying the provisions of paragraph (4), in case where the transfer value or acquisition value is based on the actual transaction value, and where it is impossible to recognize or confirm the actual transaction value at the time of transfer or acquisition of the relevant assets by the account books or other documentary evidence on the grounds as prescribed by the Presidential Decree, the transfer value or acquisition value may be determined or corrected by making an estimated survey on the basis of the transaction example value, appraisal value, conversion value (referring to the acquisition value converted by the actual transaction value, sale price or appraisal

(1) The former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 18705 of Feb. 19, 2005)

Article 176-2 (Estimated Decision and Revision)

(1) The term “grounds prescribed by the Presidential Decree” in Article 114 (5) of the Act means the case falling under each of the following subparagraphs:

1. Where there are no books, sales contracts, receipts, and other evidential documents necessary to confirm the actual transaction price at the time of transfer or acquisition, or important parts are incomplete;

2. Where the contents of books, sales contracts, receipts and other documentary evidence are obviously false in light of the transaction example values, appraisal values appraised by any certified public appraisal corporation under the Public Notice of Values and Appraisal of Lands, etc. Act (hereafter in this Article referred to

(2) The term “acquisition price converted by the method prescribed by the Presidential Decree” in Article 114 (5) of the Act means the acquisition price converted by the method in the following subparagraphs:

2. In cases of the rights to acquire the land, buildings and real estate under Article 96 (1) 1 through 7 of the Act (the provisions of subparagraph 6 shall apply only to the assets acquired before a fictitious acquisition date under paragraph (4)), the amount calculated by the following formula:

양도당시의 실지거래가액, 제3항 제1호의 매매사례가액 또는 동항 제2호의 감정가액 ☓ (취득당시의 기준시가 / 양도당시의 기준시가(제164조 제7항의 규정에 해당하는 경우에는 동항의 규정에 의한 양도당시의 기준시가))

(3) Where the transfer value or acquisition value is determined or revised by estimation under Article 114 (5) of the Act, it shall be the value calculated by applying the method falling under each of the following subparagraphs in sequential order: Provided, That where it is deemed that the transaction example referred to in subparagraph 1 or the appraisal value referred to in subparagraph 2 is objectively unreasonable, etc. based on the transaction with the related parties referred to in Article 98 (1),

3. The end of acquisition price converted under paragraph (2); and