(a) In calculating the transfer income tax due to a transfer of inherited property, the actual transaction price required for acquiring the said property;

(b) Method of calculating the transfer income tax, where such acquisition value is unclear in calculating the transfer income tax due to the transfer of inherited property.

A. According to the provisions of Article 45 (1) 1 of the former Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982), and Articles 94 (1) 1 and 86 (1) 3 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982), the actual transaction price required for acquiring assets other than those acquired through production, etc. shall be calculated at the normal price at the time of the commencement of the inheritance. Thus, the actual transaction price required for acquiring inherited assets other than those acquired through production, etc. shall be calculated at the time of the commencement of the inheritance, i.e., the normal price at the time of the commencement of the inheritance.

B. If the acquisition value cannot be calculated based on the standard market price because the normal price equivalent to the actual transaction value required for acquiring the inherited property is unclear at the time of the commencement of the inheritance, the transfer value shall also be calculated based on the standard market price pursuant to the main sentence of Article 170(1) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977, Dec. 31, 1982); and it

A. The former Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982), Article 45(1) of the Income Tax Act, the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982), Articles 94(1)1 and 86(1)3(b) of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 3576 of Dec. 21, 1982), Article 23(2) of the Income Tax Act, Article 170(1) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982), Article 170(2) of the former Enforcement Decree of the Income Tax Act

Supreme Court Decision 81Nu393 delivered on November 23, 1982, 84Nu402 delivered on October 10, 1984, 83Nu52 delivered on October 25, 1983

Plaintiff 1 and one other

Head of Yeongdeungpo-do Tax Office

Daegu High Court Decision 83Gu284 delivered on June 14, 1984

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

According to Article 45 (1) 1 of the Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982), and Articles 94 (1) 1 and 86 (1) 3 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982), the actual transaction price required for the acquisition of assets other than those purchased or acquired through construction. manufacturing, etc. shall be calculated at the normal price at the time of the commencement of the inheritance. Thus, the actual transaction price required for the acquisition of assets other than those acquired by manufacturing, etc. shall be calculated at the normal price at the time of the commencement of the inheritance.

Meanwhile, according to the main text of Article 170(1) of the Enforcement Decree of the Income Tax Act, in determining capital gains on transfer provided for in Article 23(2) of the Act, the transfer value shall be calculated based on the standard market price, and if either of the transfer value or acquisition value is determined based on the actual market price, the other should be determined based on the standard market price. Thus, either one of the acquisition value and transfer value shall be determined based on the standard market price and the other cannot be determined based on the actual market price. Thus, it is clear that the transfer value shall be determined based on the standard market price if the normal price equivalent to the actual transaction value required for acquiring inherited property is unclear at the time of commencement of the inheritance, and it is impossible to determine based on

In the above purport, the court below decided that the transfer value should be calculated according to the standard market price as long as the market price is unclear at the time of the commencement of the inheritance of this case, and there is no error of law by misunderstanding the legal principles of the actual transaction price for the acquisition price as alleged in the arguments.

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

Justices Lee Lee Sung-soo (Presiding Justice)