Seoul Administrative Court 2009Gudan7106 ( December 16, 2009)

Cho High Court Decision 2009west070 ( October 27, 2009)

Actual transfer value of real estate

Disposition in which the transferee of real estate unilaterally states the value including the expenses required for remodeling, etc. shall be deemed the actual transfer value and decides the transfer value;

The contents of the decision shall be the same as attached.

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The Defendant’s imposition of capital gains tax of KRW 602,118,00 against the Plaintiff on October 13, 2008 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

The reasoning for the court's explanation concerning this case is as follows: (a) the second two pages of the judgment of the court of first instance "2.5 on July 5, 2001"; (b) the second parallel "acquisition value of KRW 951,00,000" is "acquisition value of KRW 951,100,000"; and (c) the third pages 12,13 "entry of evidence No. 5 Eul (5)" is the same as the entry of the reasoning for the judgment of the court of first instance except for the alteration into "each entry of evidence No. 5-1 through No. 7 of evidence No. 5," respectively; and (d) the same shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act; and Article 420 of the Civil Procedure Act.

Therefore, the plaintiff's claim shall be accepted as it is without merit, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.