[Defendant-Appellee] Plaintiff 1 and 3 others

The Director of the Pacific District Office

September 27, 2013

Seoul Administrative Court Decision 2012Gudan17349 decided April 17, 2013

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the first instance is revoked. On October 1, 201, the Defendant revoked the imposition of capital gains tax of KRW 42,203,750 on the Plaintiff for the year 2010.

1. Quotation of the first instance judgment

The reason for this judgment is as stated in the reasoning of the judgment of the first instance, except for the addition of the following Paragraph (2) after the 7th page of the judgment of the first instance.

2. The addition;

(3) Determination as to the assertion of additional trial

The Plaintiff asserts that the Defendant’s calculation of the acquisition value of the instant land based on the appraisal value by the appraisal institution is against the basic principles of income tax assessment, and that it is unlawful for the Defendant to request the head of the tax office having jurisdiction over the land location to make an appraisal request without taking any measures after receiving the preliminary return payment from the Plaintiff.

According to the "2-B. Recognizing facts" as seen earlier, the Defendant's calculation of the value of the instant land was lawfully made pursuant to Article 97 (1) 1 (a) of the Income Tax Act and Article 164 (1) of the Enforcement Decree of the Income Tax Act, and the Defendant's calculation of value cannot be deemed unlawful on the grounds alleged by the Plaintiff. Thus, the Plaintiff's assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the conclusion of the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges Lee Ki-taik (Presiding Judge)