The meaning of land value, which is the criteria for determining whether land for sports facilities prescribed by the Installation and Utilization of Sports Facilities Act falls under idle land under the Land Excess Profit Tax Act.

The value of land which is the standard for determining whether the land for sports facilities under the Installation and Utilization of Sports Facilities Act falls under idle land under the Land Excess Profit Tax Act, for which the reduction or exemption of capital gains tax is excluded, means the standard market price of the year in which the income for one year accrues.

Articles 62(1) and 66-3(see current Article 78) of the former Regulation of Tax Reduction and Exemption Act (Amended by Act No. 4285, Dec. 31, 1990); Article 20-6(see current Article 39); Article 8(1)8 of the Land Excess Profit Tax Act; Article 15 subparag. 2(b) of the former Enforcement Decree of the Land Excess Profit Tax Act (Amended by Presidential Decree No. 13198, Dec. 31, 1990); Article 15 subparag. 2(b) of the former Enforcement Decree of the Land Excess Profit Act (Amended by Presidential Decree No. 13198, Dec. 31, 1990)

1. The term "satise"

Head of Dong Busan District Office

Busan High Court Decision 95Gu6397 delivered on June 7, 1996

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

Article 62(1) of the former Regulation of Tax Reduction and Exemption Act (amended by Act No. 4285, Dec. 31, 1990; hereinafter the same) provides that the tax amount equivalent to 50/100 of capital gains tax shall be reduced or exempted if the land is transferred to a registered housing constructor as a construction site of national housing. Article 66-3 of the same Act provides that the above provision shall not apply to the land which is subject to the land excess profit tax under the Land Excess Gains Tax Act. Article 20-6 of the former Enforcement Rule of the Regulation of Tax Reduction and Exemption Act (amended by Ordinance of the Ministry of Finance and Economy No. 1850, Mar. 13, 1991; hereinafter the same shall apply) provides that the land exceeding the standard market price of sports facilities under the provisions of Article 66-3 of the former Regulation of Tax Reduction and Exemption Act shall be determined based on whether the land exceeds the standard market price of sports facilities under the provisions of the Land Excess Income Tax Act as of the date of transfer.

The judgment of the court below to the same purport is just, and there is no error of law such as the theory of lawsuit, and the precedents of party members cited by the theory of lawsuit are not appropriate to invoke the case in this case with different cases. There is no reason to argue.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Sung-sung (Presiding Justice)