The case holding that in the case where the transfer value of the actual transaction value based on the actual transaction value is the same as the number of transferred real estate and the number of different floors, and where the actual transaction value is remarkably low compared to the market value at the time of other apartments, the acquisition value and transfer value should be calculated on the basis of the standard market price.

The case holding that since the Plaintiff reported the actual transfer value at KRW 91,00,000 on the basis of the actual transaction value with respect to the return on the profits accruing from the transfer of real estate on the basis of the actual transaction value, the actual transfer value was reported as KRW 91,00,00,00, but the number of the above real estate and the number of stories are equal to the above real estate and the other apartment are recognized to have been transferred to KRW 140,000,00 at that time, the above sale value cannot be deemed to have been confirmed based on the contents of the sales contract, etc. submitted by the Plaintiff at the time because it is difficult for the Plaintiff to

Article 23 (1) of the Income Tax Act, Article 170 (4) 3 of the Enforcement Decree of the same Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff-Appellee Law Firm, Attorneys Shin Jae-chul et al., Counsel for the plaintiff-appellant

The director of the tax office.

Seoul High Court Decision 90Gu19796 delivered on April 19, 1991

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below found that the plaintiff reported the actual acquisition value of the real estate of this case to KRW 80,60,000,000 when it reported the actual acquisition value of the real estate of this case on the basis of the actual transaction value, and the actual transfer value of the real estate of this case to KRW 91,00,000,000. However, although the number of the real estate of this case and the number of different apartment houses are equal to the number of the real estate of this case and the other apartment are transferred to KRW 140,000,000 at that time, it is difficult to believe that the above sale value is considerably low compared to the market price at that time. Thus, the above sale value cannot be deemed to have been confirmed by the contents of the sales contract, etc. submitted by the plaintiff at the above declaration, so the acquisition value and transfer value shall be calculated on the basis of the standard market price at all. The fact finding of the court below is just and there is no error in the misapprehension of the rules of evidence.

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 Kim Sang-won (Presiding Justice)