Seoul High Court-2018-Nu69143 ( June 21, 2019)

(C) If the conversion acquisition value cannot be recognized as the actual transaction value, a disposition to apply the conversion acquisition value is legitimate.

(C) The Defendant’s disposition imposing capital gains tax on the instant real estate by applying the conversion value on the ground that the acquisition value of the instant real estate is unclear, such as without any security or interest on the instant high-amount loan, and there is no evidence that the Plaintiff received the high-amount cash as the materials for divorce, etc.

Article 97 (Calculation of Necessary Expenses in Transfer Income)

2019Du45845 Revocation of Disposition of Imposing capital gains tax

○ Kim

AA Head of the Tax Office

Seoul High Court Decision 2018Nu69143 Decided June 21, 2019

October 17, 2019

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by