상속세부과처분취소
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. Article 60(1) of the Inheritance Tax and Gift Tax Act (hereinafter “Inheritance Tax Act”) provides that the value of the property on which the inheritance tax is levied shall be based on the market value as of the date on which the inheritance commences. Paragraph (2) of the same Article provides that “The market value under the provisions of paragraph (1) shall be the value generally recognized to be established when a transaction is made freely between many and unspecified persons and shall include the amount recognized to be the market value as the market value under the conditions as prescribed by the Presidential Decree, such as the expropriation price, public sale price, appraisal price, etc.” The main text of Article 49(1)1 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 22579, Dec. 30, 2010) as one of those delegated by the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 22579, Dec. 30,
Meanwhile, Article 60(3) of the Inheritance and Gift Tax Act provides that "where it is difficult to calculate the market price of inherited property, the value assessed by the methods prescribed in Articles 61 through 65 shall be deemed the market price considering the type, scale, transaction circumstances, etc. of the relevant property."
Therefore, in the case of unlisted stocks with less market value, if there is a transaction example, the value of the stocks shall be evaluated by considering the market value and the value of the stocks shall not be evaluated by supplementary evaluation methods stipulated in the Inheritance Tax and Gift Tax Act. However, since the market value means the objective exchange price formed by the general and normal transaction, in order to recognize such transaction value as the market value, the objective exchange value at the time of commencing the inheritance is made by the general and normal method.