Methods of calculating gains on transfer in taxation of transfer income tax at the time of enforcement of the Enforcement Decree of the former Income Tax Act (amended by Presidential Decree No. 9229, Dec. 30, 1978) (amended by Act No. 3098, Dec. 30, 1978) (amended by

Article 23, Article 45, and Article 60 of the Income Tax Act provides that the standard market price at the time of transfer and acquisition shall apply to the case where the actual transaction price is unclear in the taxation of transfer income tax. Article 115 of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 9229, Dec. 30, 198; Presidential Decree No. 9229, Dec. 30, 1978; Presidential Decree No. 115 of the Income Tax Act (amended by Presidential Decree No. 9229 of Dec. 30, 199). If the actual transaction price is unclear, the calculation of transfer margin is made based on the standard market price at the time of transfer and acquisition under the Local Tax Act at the time of transfer and acquisition. Thus, even if the Commissioner of the National Tax Service publicly notifies a specific area before the amendment of the above Act,

Article 23 of the former Income Tax Act (amended by Act No. 3098 of Dec. 5, 1978), Article 45 of the former Income Tax Act, Article 60 of the former Income Tax Act, Article 115 (1) 1 (b) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 9229 of Dec. 30, 1978)

Supreme Court Decision 84Nu63 Decided May 29, 1984 Supreme Court Decision 84Nu606 Decided April 9, 1985

Plaintiff

Head of Yeongdeungpo Tax Office

Seoul High Court Decision 86Gu1496 delivered on June 24, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Article 23, Article 45, and Article 60 of the Income Tax Act (amended by Presidential Decree No. 9229, Dec. 5, 1978; Presidential Decree No. 1158, Dec. 30, 1978; Presidential Decree No. 9229, Dec. 30, 1978; Presidential Decree No. 115 of the Income Tax Act (amended by Presidential Decree No. 9229, Dec. 30, 1978; Presidential Decree No. 2011, Apr. 9, 1985; Presidential Decree No. 2020, Jan. 20, 2006).

Therefore, even if the plaintiff's real estate at the time prior to the amendment of the above Acts and subordinate statutes had already been publicly announced by the Commissioner of the National Tax Service, such as the theory of lawsuit, the public notice cannot be recognized as effective as a legitimate public notice in light of the above legal principles. Thus, the court below's decision is just in calculating the transfer and acquisition value of the real estate of this case by the standard market price of taxation under the Local Tax Act pursuant to Article 115 (1) 1 (b) of the Enforcement Decree of the Income Tax Act, and there is no error of law in the misapprehension of legal principles, such as the theory of lawsuit.

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

Justices Lee Jin-Post (Presiding Justice)