Whether the value appraised by the Korea Appraisal Board before two years prior to the commencement of the inheritance can be considered as the market price at the time of the commencement of the inheritance (negative)

Even if the value appraised by the Korea Appraisal Board two years prior to the commencement of the inheritance is appropriate and there is no change in the land situation, considering the situation of our society where the price was serious, it cannot be viewed as the market price at the time of the commencement of the inheritance after two years, and it cannot be concluded that the above appraised value is the market price at the time of the commencement of the inheritance after two years, with the fact that there was no increase in the price and there was no decrease in the price.

Article 9(1) of the former Inheritance Tax Act (amended by Act No. 3197 of Dec. 28, 1979); Article 5(1) of the former Enforcement Decree of the Inheritance Tax Act (amended by Presidential Decree No. 9700 of Dec. 31, 1979); Article 5(2) of the former Enforcement Decree of the Inheritance Tax Act (amended by Presidential Decree No. 9700 of Dec. 31, 1979)

Supreme Court Decision 85Nu116 Decided July 23, 1985

[Defendant-Appellee] Plaintiff 1 and 3 others, Counsel for defendant-appellee

Head of Yeongdeungpo Tax Office

Seoul High Court Decision 84Gu658 delivered on March 13, 1985

The part of the judgment below against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

Of the inherited property, one of the issues at issue, the judgment of the court below is assessed as 24,309,000 won, which is the standard market price of December 31, 1979 at the time of the commencement of the inheritance, and the defendant assessed as 40,515,000 won, which is the appraised value of November 21, 197, which is 2 years before the commencement of the inheritance, as 40,515,000 won, which is the appraised value of November 21, 197, as 40,500 won, which is 150,000 won, from among the inherited property of Yeongdeungpo-gu Seoul ( Address omitted) and 270 square meters, the court below held that the Korea Appraisal Board assessed the above real property as 20,000 won in consideration of the overall purport of the statement and pleading of evidence No. 3-7 (Appraisal Report) and there was no change in the market price at least 50,000 won.

According to Article 9(1) of the Inheritance Tax Act (amended by Act No. 3197 of Dec. 28, 1979) and Article 5(1) and (2) of the Enforcement Decree of the Inheritance Tax Act (amended by Presidential Decree No. 9700 of Dec. 31, 1979), the value of inherited property shall be the current state at the time of commencement of the inheritance, and the value of inherited property shall be the current state at the time of commencement of the inheritance when it is difficult to calculate the market price based on the current market price at the time of the commencement of the inheritance, in cases of land and buildings in a specific area prescribed by the Commissioner of the National Tax Service, the value assessed by the rate method, in cases of land and buildings, and the tax standard market price under the Local Tax Act in cases of other areas. The burden of proof on the value of inherited property as above is

However, the judgment of the court below, on the grounds as seen above, cannot be concluded as the market price at the time of the commencement of the inheritance with the fact that there is no increase in the price and there is no decrease in the price, and on the other hand, the above appraisal price cannot be determined as the market price at the time of the commencement of the inheritance with the fact that there is no difference in the market price at the time of the commencement of the inheritance, since the appraisal conducted by the Korea Appraisal Board before two years prior to the commencement of the inheritance at the time of the commencement of the inheritance at the time of the inheritance at the time of the commencement of the inheritance at the time of the inheritance at the time of the commencement of the inheritance at the time of the inheritance at the time of the commencement of the inheritance at the time of the inheritance. Accordingly, the above determination by the court below is erroneous in the misapprehension of legal principles as to the market price under the Inheritance Tax Act, and there is no error in the market price at the time of the commencement of the inheritance without evidence.

Therefore, the judgment of the court below is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)