Seoul Administrative Court 2008Guhap1563 ( November 27, 2008)

early 208west2984 ( November 07, 2008)

Whether the share disposal of a newly constructed building in a joint business place constitutes a provisional consumption and the computation of the market price is appropriate.

(1) The division of part of commercial buildings newly built by any joint business operator for the purpose of sale in lots falls under the provisional use and consumption of inventory assets. Where the market price at the time of the division is unclear, the appraisal price at the appraisal institution shall be deemed the market price.

1. The plaintiff's appeal is dismissed.

2. Costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant's disposition of imposition of KRW 145,360,600 against the plaintiff on August 1, 2006 shall be revoked.

The reasoning of this Court is that the reasoning of the judgment of the court of first instance is the same as that of the reasoning of the judgment of the court of first instance, and thus, this Court cited it as it is in accordance with Article 8(2) of the Administrative Litigation

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.