[2] In a case where the appraised value recognized as the market price of certain real estate among inherited property is larger than the officially assessed individual land price which became the basis for taxation, whether the amount of inheritance tax can be calculated by applying the officially assessed individual land price to the real estate

[2] As long as the appraised value of inherited property is recognized as an objective and reasonable market value, determination of whether the amount of tax assessed exceeds a reasonable tax amount after calculating a reasonable inheritance tax amount, and on the ground that the assessed value of some of the inherited property is higher than the publicly assessed individual land price which became the basis for taxation, the inheritance tax amount cannot be calculated based on the publicly assessed individual land price for the real

1. Regarding the plaintiffs' grounds of appeal

The appeal filed by the plaintiffs did not state the grounds of appeal in the petition of appeal, and the plaintiffs did not submit the appellate brief within the statutory period.

2. As to the Defendant’s ground of appeal

A. In imposing inheritance tax, even if the tax authority assessed the value of inherited property as a publicly assessed individual land price for the reason that it is difficult for the tax authority to assess the market price of inherited property at the time of inheritance, if it proves the market price of inherited property by the time of closing argument in the lawsuit seeking revocation of the said taxation, it should determine whether the assessed tax exceeds the reasonable tax amount (see Supreme Court Decision 94Nu8402, Jun. 30, 1995).

B. According to the reasoning of the judgment below, in imposing inheritance tax on the plaintiffs, the defendant assessed the first land as stated in the judgment of the court below as 2,211,120,00 won among inherited property according to the Central Appraisal Corporation reported by the inheritors including the plaintiffs, and assessed the second land as 4,070,000 won, and assessed the second land as 636,840,100 won. However, the court below assessed the above appraised value as 00 won for the reasons that it cannot be recognized as market price by the auditor of the Seoul Regional Tax Office as 100,000 won, the above appraised value as 10 won for the above appraised value as 200 won for the reasons that the above appraised value as 10 won for the above appraised value as 00 won for the above appraised value as 15193, Dec. 31, 1996, the court below determined that the above appraised value as 20 won for the above appraised value as 3,880,000 won for the above appraised value as 200 won for the above appraised value.

C. However, in light of the above legal principles, as long as the assessed value of the Korea Appraisal Board is recognized as an objective and reasonable market value, the court below should determine the reasonable amount of inheritance tax, and determine illegal parts depending on whether the Defendant’s tax amount exceeds the reasonable tax amount. However, as to the land No. 2, the determination of the inheritance tax amount based on the above publicly assessed individual land price should be made on the ground that the assessed value of the said land exceeds the Defendant’s publicly assessed individual land price at the time of the taxation, thereby misunderstanding the legal principles as to the assessment method

3. Therefore, under Article 8(2) of the Administrative Litigation Act, Article 399 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal, all appeals filed by the plaintiffs are dismissed, and the costs of appeal filed against the losing party are assessed against the losing party. The part of the judgment below against the defendant is reversed by accepting the defendant's appeal and the case is remanded to the court

Justices Lee Jae-soo (Presiding Justice)