Seoul High Court-2015-Nu-70692 (2016 August 30, 2016)

(D) The transfer value acquired by the Plaintiff due to the transfer of the shares of this case falls under the value significantly higher than the market value.

(Summary) It is reasonable to view that the value assessed by the methods under Articles 61 through 65 of the former Inheritance Tax and Gift Tax Act pursuant to Article 60(3) of the former Inheritance Tax and Gift Tax Act constitutes not only the market value which is the basis for calculating the value of the property on which the gift tax is levied, but also the market value which is the basis for determining whether the property is subject to the gift tax

Gift, etc. of profits from transfer at low price or high price under Article 35 of the Inheritance Tax and Gift Tax Act;

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of