The acquisition value of the standard market price shall be the acquisition value where the market price is unknown at the time of acquisition of real estate acquired by inheritance.

In the case of the instant real estate acquired by inheritance and located in the speculative area at the time of transfer, there is no evidence to recognize the market price as of the date of commencing the inheritance, the disposition imposing capital gains tax by using the officially assessed individual land price as the acquisition value at the

Article 97 of the Income Tax Act

Article 163 of the Enforcement Decree of the Income Tax Act

2012 Gohap7354 Damages

Rashee-hee

Korea

April 3, 2012

April 24, 2012

1. The plaintiff's claim is dismissed.

2. The plaintiff answers the costs of lawsuit.

The defendant shall pay to the plaintiff 5% interest per annum from June 30, 2006 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

A. On May 1, 1998, the Plaintiff acquired 100 m200 m3,000 m2 (hereinafter “the real estate in this case”) by inheritance, and transferred the real estate in this case toCC, etc. on August 25, 2005. However, around October 2005, the Plaintiff made a preliminary return on the tax base of transfer income for 2005 to the Defendant, and on August 25, 2004, the daily price for the location of the real estate in this case was the same as the actual transaction price under Article 96(1)6-2 of the former Income Tax Act (amended by Act No. 7837, Dec. 31, 2005; hereinafter the same) which was designated as the so-called speculative area under Article 96(1)6-2 of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 2000,000,000 won, and the actual acquisition price was not confirmed by Presidential Decree No. 230151.205.

C. However, inasmuch as the Defendant, and the instant real estate have been acquired by inheritance, the amount of the acquisition should be calculated as KRW 000,000, which is the value assessed under the standard market price as at the time the inheritance commences pursuant to Article 163(9) of the former Enforcement Decree of the Income Tax Act (the officially assessed individual land price per 1,101 square meter x 000,000 square meters), and on June 12, 2006, the Plaintiff notified the Plaintiff of increase of KRW 00,000, capital gains tax for 2005 (hereinafter “instant disposition

[Ground of Recognition] The non-contentious facts, Gap evidence 1 and 3, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. Summary of the cause of the claim

In calculating gains on transfer of the real estate of this case, both the acquisition value and transfer value pursuant to Article 97 (1) 1 (a) and Article 96 (1) (main sentence) of the former Income Tax Act apply to both the standard market price of the real estate of this case. However, the public officials belonging to the defendant calculated gains on transfer of the real estate of this case according to the actual transaction price and the disposition of this case, and the Seoul High Court 201Nu24783 confirmed the illegality of the disposition of this case, and the plaintiff suffered losses in excess of 00 won corresponding to the difference between the transfer income tax and the transfer income tax illegally increased due to the disposition of this case. Accordingly, the defendant is liable to pay the plaintiff the above 00

(b) Related statutes;

The entry in the attached Form is as specified in the relevant statutes.

C. Determination

Article 94 (1) 1 of the former Income Tax Act, and Article 97 (1) 1 (c) and (1) 6 of the former Enforcement Decree of the Income Tax Act are provided that the transfer value and the acquisition value of the real estate can be calculated based on the actual transaction value if the assets are transferred at the time of acquisition, and Article 163 (9) of the former Enforcement Decree of the Income Tax Act provides that the value of the real estate calculated under the provisions of Article 97 (1) 1 (proviso) 6 of the former Income Tax Act shall be calculated based on the provision of Article 97 (1) 1 of the Income Tax Act, and Article 163 (9) of the former Enforcement Decree of the Income Tax Act shall be calculated based on the provision of Article 97 (1) 1 (5) of the Income Tax Act, if the former Enforcement Decree of the Income Tax Act provides that the value of the real estate calculated under the provision of Article 97 (1) 6 of the former Income Tax Act shall be calculated based on the actual transaction value at the time of inheritance or donation.

3. Conclusion

The plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.