Seoul High Court 2013Nu16182 (Law No. 24 January 2014)

(Dismissal of Disorder for Trial) It is difficult to deem that the price of the land and building entered in the division of the sales contract is unreasonable.

Since the value of land and buildings is clearly clearly divided under the sales contract, it is difficult to readily conclude that the value classification is not reasonable in light of the trend of decline in the standard market price of buildings without any proof that such division is not genuine agreement between parties to a transaction or intent to evade tax, and thus, it is unlawful to divide the value of land and buildings by deeming that the classification is unclear.

Article 100 of the Income Tax Act, Article 166 of the Enforcement Decree of Income Tax Act

2014Du3785 Revocation of Disposition of Imposing capital gains tax

Park AA

Samsung Head of Samsung Tax Office

Seoul High Court Decision 2013Nu16182 Decided January 24, 2014

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant’s grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided