Seoul High Court 2014Nu51229 (Law No. 24 September 24, 2014)

It is reasonable to view that the heir’s share in land is acquired on the ground of the renunciation of inheritance, and the appraised value under the Inheritance Tax and Gift Tax Act is the acquisition value.

(As in the second instance, it is difficult to accept the claim purporting that the acquisition value of the claimant should be converted into the value when comprehensively considering the fact that the claimant purchased and acquired part of the share in the disputed land from other inheritors, and that there is no evidence to prove it.

Article 114 of the Income Tax Act

2014Du43141 Revocation of Disposition of Imposing capital gains tax

KimA

Head of Seodaemun Tax Office

Seoul High Court Decision 2014Nu51229 Decided September 24, 2014

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