Article 115 (1) 1 (a) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 9229, Dec. 30, 1978); requirements to set the standard market price based on the ratio prescribed in Article 115 (1) 1 (a)

In full view of the provisions of Articles 23, 45, and 60 of the former Income Tax Act (amended by Act No. 3098, Dec. 5, 1978); Article 115 (1) 1 (a) and (2) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 9229, Dec. 30, 1978); in order to determine the standard market price by the so-called "ratio method" under Article 115 (1) 1 (a) of the Enforcement Decree of the same Act as the basis for calculation of capital gains tax, the rate determined by the Commissioner of the National Tax Service to be applied to the district shall be determined not only when the real estate is located in a specific area designated by

Article 115 (1) 1 (a) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 9229, Dec. 30, 1978)

Supreme Court Decision 84Nu63 Decided May 29, 1984 84Nu196 Decided September 25, 1984, 84Nu237 Decided March 26, 1985, 84Nu727 Decided November 26, 1985, 85Nu976 Decided February 25, 1986

Plaintiff

The Director of the Korean Tax Office

Seoul High Court Decision 85Gu834 delivered on February 3, 1986

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by the defendant litigant are examined.

Article 115 (3) of the Enforcement Decree of the Income Tax Act was newly established by Presidential Decree No. 9698 on December 31, 1979 and enforced from January 1, 1980 pursuant to Article 1 of the Addenda of the same Decree. As to this case previously acquired or transferred, the above provisions cannot be applied as they are under the principle of no payment in law. In full view of the provisions of Articles 23, 45, and 60 of the former Income Tax Act, Article 115 (1) 1 (a) and (2) of the Enforcement Decree of the same Act, Article 115 (1) 1 (a) of the former Enforcement Decree of the Income Tax Act, and Article 115 (1) 1 (a) of the same Enforcement Decree of the same Act, the transfer value of the real estate shall be calculated based on the so-called "transfer value ratio" under Article 115 (1) 1 (a) of the Enforcement Decree of the Income Tax Act, which is not yet established within the specific area designated by the Commissioner of the National Tax Service, but also at the time of transfer;

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 Yoon Il-young (Presiding Justice)