Case Number of the immediately preceding lawsuit
Seoul High Court-2015-Nu-41694 ( December 10, 2015)
Title
If it is difficult to calculate the market price, the value of shares shall be calculated by supplementary valuation methods.
Summary
(2) During the lawsuit for the attribution of inherited property, the value of shares was determined and settled at will in accordance with an agreement with the other party to the lawsuit in order to close the lawsuit, and the market price cannot be said to be the market price as it is difficult to calculate the market price. Therefore, the price calculated according to the supplementary method of assessment is legitimate.
Related statutes
Article 60 of the Inheritance Tax and Gift Tax Act: Principles of Appraisal
Cases
2016Du32558 Invalidity of a disposition imposing inheritance tax
Plaintiff-Appellant
(O)
Defendant-Appellee
O Head of tax office
Judgment of the lower court
Seoul High Court Decision 2015Nu41694 Decided December 10, 2015
Imposition of Judgment
obs 2016.12
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure
Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.