Since the actual transaction price of unlisted stocks is unclear, the propriety of disposition determined by the standard market price

The taxpayer should prove that the tax amount calculated based on the transfer margin based on the standard market price as well as the actual transaction value of the unlisted stocks transferred by the Plaintiff exceeds the scope of the actual transfer margin.

Article 94 of the former Income Tax Act

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of securities transaction tax of KRW 72,084,030 for the plaintiff on August 16, 200 and KRW 2,44,480 for the income tax of KRW 72,084,030 for the plaintiff on August 16, 200.

1. The reasoning for the court’s explanation concerning the instant case is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the first instance is the same as that for the judgment of the court of first instance other than the following.

2. The plaintiff assessed the non-listed stocks of ○○ architect office based on the standard market price and assessed the transfer income tax of this case. The plaintiff asserts that the standard market price of the non-listed stocks of this case is too far away from reality, so the disposition of this case is unlawful.

On the other hand, it is not unlawful to impose capital gains tax solely on the ground that the actual transaction price of the unlisted stocks that the Plaintiff transferred to ○○○○, and the difference between the standard market price and the actual transaction price is high. Although the tax amount calculated based on the standard market price cannot exceed the scope of the transfer margin based on the actual transaction price, the reason for taxation disability that the tax amount calculated based on the transfer margin based on the standard market price exceeds the scope of the actual transfer margin should be proved by the taxpayer (see, e.g., Supreme Court Decision 98Du8827, Sept. 22, 1998). In the instant case, there is no proof that the tax amount calculated based on the transfer margin based on the standard market price exceeds the scope of

3. Therefore, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[Supreme Court Decision 2008Du5346 (Law No. 85, 205)]

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal by the assent of all Justices, since the Plaintiff did not state the grounds for appeal in the petition of appeal and did not submit the grounds for appeal within the statutory period (the grounds for appeal filed by the Plaintiff was received on May 14, 2008, which was later filed).