Where a corporation transfers land and land, buildings, machinery, apparatus, and business units owned by it collectively, the method of calculating the transfer value of such land and buildings;

Where a corporation transfers the whole of a wholesale factory composed of the building, machinery, apparatus, and goodwill constructed on the land and the ground of its ownership without determining individual prices, the actual transfer value of the above land and the building is unclear, so the amount based on the standard market price at the time of transfer shall be the transfer value pursuant to the proviso of Article 59-2 (3) of the Corporate Tax Act, and the transfer value shall not be calculated according to the method of calculation in accordance with Article 124-2 (3) of the Enforcement Decree of the Corporate Tax Act

Article 59-2 of the Corporate Tax Act, Article 124(3) of the Enforcement Decree of the Corporate Tax Act

National Agricultural Cooperative Federation

The Director of the Gangwon District Office

Gwangju High Court Decision 84Gu91 delivered on January 15, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal Nos. 1 and 2 are examined.

According to the proviso of Article 59-2 (3) of the Corporate Tax Act, even in cases where the transfer value is unclear when the corporate tax base is determined, the amount calculated based on the standard market price at the time of transfer shall be the transfer value. According to the facts duly determined by the court below that there is no dispute between the parties, the Plaintiff’s transfer value of the above land and building shall be determined based on the standard market price at the time of transfer, and according to the facts duly determined by the court below, the Plaintiff’s transfer value of the above land and building shall be determined based on the standard market price at the time of transfer on December 10, 1979, 615, and 5, and the building and the building constructed on the above (location omitted) and 30, and the government-undeveloped factory composed of 30, non-party and the building constructed on one parcel, and it shall be determined that the transfer value of the above land and building shall be determined based on the method of calculating the standard market price at the time of the above provision of Article 2 of the Enforcement Decree of the Corporate Tax Act.

Therefore, the court below's order to revoke the part of the taxation disposition of this case, which was calculated by calculating the transfer value of the above factory according to the method calculated in accordance with the ratio of the total factory value of the above factory and the appraisal value of the above factory, is just. There is no error of misunderstanding of legal principles, misunderstanding of facts, incomplete deliberation, omission of judgment, and lack of reasoning, and the Supreme Court's ruling in the lawsuit is not appropriate.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-soo (Presiding Justice)