(a) Whether allowances for severance benefits are included in the liabilities when computing the net asset value of the corporation;

B. Relationship between the assertion in a prior trial proceeding and the assertion in an administrative litigation

(a)in the appraisal of stocks, allowances for severance benefits belonging to fixed liabilities shall be included in the calculation of net asset value of the corporation’s total asset value after deducting liabilities from the net asset value of the corporation;

B. The assertion in the previous trial proceedings and the argument in the administrative litigation shall not necessarily coincide, unless they are completely separate arguments, so matters that are not alleged in the previous trial proceedings may also be asserted in the administrative litigation.

Article 9 of the Inheritance Tax Act, Article 2 of the Administrative Litigation Act

Supreme Court Decision 77Nu227 Delivered on November 22, 1977

[Judgment of the court below]

Head of Yongsan Tax Office

Seoul High Court Decision 78Gu418 delivered on September 26, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by Defendant Litigation Performers are examined.

According to the reasoning of the judgment below, the plaintiff is merely an executive director of non-party 1, 1975, and it is merely a non-party 4,00 won per share from the non-party 1 who was a director of the company at the time of such non-party 1, 1975, and the above 3,000 won per share are transferred to the non-party 3,00 won under the circumstances stated in its holding. The court below's determination that the above 4,00 won per share was not based on the above 4,00 won per share under Article 5 (5) 1 (b) of the Enforcement Decree of the Inheritance Tax Act, which was enforced as of November 10, 1975, which is not based on the above 4,000 won per share of the above non-party 4, which is not based on the rules of evidence established at the court below's 1,66,972,800 won per share as of the date of the acquisition of the above non-party 1's shares.

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

Justices Presiding Justice (Presiding Justice)