The costs of appeal shall be borne by the plaintiff.

According to the provisions of Articles 23(4) and 45(1) of the former Income Tax Act (Act No. 3271, Dec. 13, 1980), and Article 170(3) of the Enforcement Decree of the same Act (Presidential Decree No. 10120, Dec. 31, 1980), when the transfer of real estate fails to make a final return on the profits accruing from the transfer of real estate under Article 95 of the Income Tax Act or the final return on the profits accruing from the transfer of real estate under Article 100 of the same Act, the transfer gains shall be calculated on the basis of the standard market price. Thus, according to the judgment of the court below, the plaintiff's failure to make such a final return on the profits accruing from the transfer of real estate or the final return on the profits accruing from the transfer of real estate under Article 100 of the same Act is directly

According to the Income Tax Act, in principle, the calculation of transfer margin is based on the actual transaction price: Provided, That if the actual transaction price is not known because the transfer margin or the final return on the return on the transfer margin is not made, it shall be based on the standard market price, and it shall be supplementaryly applied to the principle of application of the actual transaction price. In addition, since the standard market price is calculated based on the actual transaction situation, the imposition of the transfer income tax based on the standard market price is contrary to the principle of substantial taxation under the Framework

Therefore, the original adjudication to the same purport is just, and there is no error of law like the theory of lawsuit, and the appeal is dismissed as it is without merit. The costs of lawsuit are assessed against the plaintiff who has lost, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)