Relationship between the deposit for lease of a building and the market price of the building site;

In common sense, the lease deposit of a building is lower than the market price of the building and site, and the lease deposit is higher than the market price of the building and site. Therefore, the market price should be deemed to be higher than the lease deposit, except in special circumstances where the lease deposit is determined at a particularly higher amount than the general transaction.

Article 14 of the Administrative Litigation Act, Article 187 of the Civil Procedure Act

Plaintiff 1 and six others (Attorney Seo-gu, Counsel for the plaintiff-appellant)

Head of Namgu Tax Office

Daegu High Court Decision 84Gu128 delivered on October 17, 1984

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below acknowledged the fact that the lease deposit of the inherited building of this case was 151,349,725 at the time of the commencement of the inheritance at the time of the original commencement of the inheritance, and that the defendant deemed the above lease deposit to be the market price of the inherited building of this case and its site and imposed the inheritance tax of this case. Since the above lease deposit amount was below the market price of the inherited property, the disposition imposing the inheritance tax of this case which was imposed at the market price of the above lease deposit was legitimate, since the above lease deposit amount was regarded as the market price of the inherited property, the above lease deposit amount may not be viewed as legitimate in the case of the defendant's assertion that the lease deposit amount was below the market price of the object even if it was a general transaction example, and therefore it cannot be concluded that the above lease deposit was below the market price of this case, and there is no evidence to acknowledge it, and there is no difference between the two.

However, in light of the general transaction’s common sense, the lease deposit for a building is ordinarily lower than the market price of the building and site, and the deposit for the lease is higher than the market price. Therefore, the market price is higher than the deposit for the lease, unless there are special circumstances that make the deposit to be determined at a particularly higher amount than the general transaction. The court below's rejection of the defendant’s above assertion without examining whether the deposit for the lease was determined at a particularly higher amount than the general transaction (it should be proved by the plaintiff as to the existence of special circumstances such as the above) is erroneous in the misapprehension of legal principles as to the market price of inherited property and incomplete deliberation.

Therefore, the part of the judgment below against the defendant is reversed, and that part of the case is remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jin-young (Presiding Justice)