Busan High Court-2016-Nu 20630 (2.03, 2017)

(C) If there is a difference between the transferor's reported acquisition value and the transfer value of the transferor, and if both parties are unable to view it as the actual transaction value, the conversion acquisition value shall be calculated.

(C) The original disposition that calculated and determined the conversion acquisition value by deeming that the actual transaction value is unclear if the transferor’s acquisition value is different from the transaction value, etc. reported by the former owner, and both parties cannot be seen as the actual transaction value.

Article 114 of the Income Tax Act (Determination and Revision of Tax Base and Amount of Transfer Income Tax)

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the allegation in the grounds of appeal by appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by