Appropriateness of taxation based on the evaluation of inherited property at the market price

If the real estate in this case was leased to the Nonparty at the time of the commencement of the inheritance and the Korea Appraisal Board assessed the market price of the above real estate at the time of the commencement of the inheritance, it would be difficult to calculate the market price at the time of the commencement of the inheritance. Therefore, it is justifiable to determine that the market price at the time of the commencement of the inheritance of the above real estate should be based on the market

Article 9 of the Inheritance Tax Act, Article 5 of its Enforcement Decree

Plaintiff

Head of Eastern Tax Office

Seoul High Court Decision 82Gu403 delivered on July 12, 1983

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s grounds of appeal are examined along with (1) through (3) (the supplementary appellate brief is filed after the expiration of the submission period, and the reasons for the supplementary appellate brief are determined to the extent of supplement in case of supplement).

According to the provision of Article 9 (1) of the Inheritance Tax Act, the value of inherited property shall be based on the current status as at the time of commencement of inheritance, and according to the provision of Article 5 (1) and (2) 1 of the Enforcement Decree of the same Act, when it is difficult to calculate the market price at the time of commencement of inheritance, the value according to the current status as at the time of commencement of inheritance shall be based on the appraised value by the rate method in the case of land and buildings in a specific area prescribed by the Commissioner of National Tax Service

According to the facts duly established by the court below in this case, the real estate of this case (the real estate stated in items (1) through (4) of the value table of the inherited property attached to the judgment of the court below) was leased to the Seoul Trust Bank Cheongdok storage store of Seoul Trust Bank at the time of the commencement of the inheritance, and the Korea Appraisal Board assessed the above real estate as KRW 276,161,200 by taking into account the neighboring market price, location conditions, land situation and utility, etc. as to the above real estate on February 8, 1981, the market price at the time of the commencement of the inheritance was 276,161,200, and it is not difficult to calculate the market price at the time of the commencement of the inheritance of this case. Thus, in light of the above series of facts, the court below is justifiable to determine that the value at the time of the commencement of the inheritance of this real estate should be based on the above market price at the time of the commencement of the inheritance and it is not based on

In addition, the court below rejected the plaintiff's argument that the market price calculation was in violation of the tax practice, the gold, and the equitable taxation, but it is obvious that the taxation practice on market price calculation is related to the method of calculating inherited property in the case where the market price at the time of the commencement of the inheritance is difficult, so long as the court below determined that the price at the time of the commencement of the inheritance of the real estate in this case may not be easily calculated by the market price at the time of the commencement of the inheritance, the above taxation practice, etc. can be said to be unlikely to be discussed. In so determining, the court below's above purport of rejecting the above argument is included in the purport of rejecting the above argument,

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)