Examination, transfer 209-029 ( November 25, 2009)

Actual transfer value of real estate

Although the transfer value confirmed by the tax authority is a contract prepared to reduce acquisition tax, it cannot be high in the contract to reduce acquisition tax, the plaintiff's assertion is without merit.

The contents of the decision shall be the same as attached.

1. The plaintiff's claim is dismissed.

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

The Defendant’s disposition of imposition of capital gains tax of KRW 352,897,120 for the Plaintiff on April 1, 2009 shall be revoked.

1. Circumstances of the disposition;

A. On June 27, 2003, the Plaintiff acquired a site and its ground building (hereinafter referred to as “instant real estate”) from the Gwanak-gu, Seoul Special Metropolitan City AAdong 1425-28, but transferred it to YellowB on August 4, 2005.

B. On October 31, 2005, the Plaintiff filed a preliminary return on the transfer income tax of 2005 with the acquisition value of 675,00,000,000, and the transfer value of 800,000,000,000. The Defendant submitted a sales contract with the transfer value of 1,50,000,000 won, and the transfer value of 1,50,000,000 won was corrected to the Plaintiff on April 1, 2009 with the transfer value of 365,241,656 won, and additionally notified the Plaintiff of 352,897,120 won (hereinafter “instant corrective disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1 to 3

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff’s transfer of the instant real estate to KRW 800 million, and the sales contract with the sales price of KRW 1.5 billion was prepared falsely to reduce acquisition tax, and the instant disposition imposing capital gains tax based on a false sales contract is unlawful.

B. Determination

In light of the following circumstances in which evidence No. 1 and evidence No. 4 showed the purport of the entire pleadings, namely, ① the Plaintiff filed a civil suit claiming payment against the Defendant by asserting that the purchase price of the instant real estate was not paid KRW 41,681,478 among them, and that the purchase price was not paid KRW 1.5 billion, ② the Plaintiff’s submission of a sales contract stating that the purchase price was KRW 1.5 billion, ② the Plaintiff’s submission of a false sales contract stating that the purchase price was increased to KRW 1.5 billion as the purchase price was KRW 80,000,000 as the Plaintiff’s assertion, it would be an extremely exceptional case, and the Plaintiff did not present any persuasive reason therefor (the Plaintiff’s assertion that the Plaintiff prepared a false sales contract to reduce acquisition tax because the acquisition price was higher). In light of the following circumstances, the transfer price of the instant real estate is recognized as KRW 1.5 billion, and contrary thereto, the Plaintiff’s assertion that the Plaintiff made a false sales contract to reduce acquisition tax is contrary to the above evidence.

Therefore, the instant disposition that deemed the transfer value of the instant real estate as KRW 1.5 billion is lawful, and the Plaintiff’s above assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.