Method of determining the standard market price for calculating the transfer margin of land;

According to Article 115 of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10120 of Dec. 31, 1980), where the land subject to taxation belongs to a specific area at the time of its acquisition and at the time of its transfer, and the rate of its increase is determined, both the transfer value and the acquisition value shall be determined in accordance with Article 115 (1) 1 (a) of the Enforcement Decree. (2) Where the land in a specific area has no rate of increase for the specific area at the time of its acquisition, the transfer value shall be determined by the above rate of increase, but where the transfer value and the acquisition value shall be determined in accordance with Article 115 (1) 1 (b) of the Enforcement Decree.

Article 115 of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10120, Dec. 31, 1980)

Supreme Court Decision 86Nu646 Decided February 10, 1987 (Dong Branch)

Plaintiff

Head of Suwon Tax Office

Seoul High Court Decision 83Gu678 delivered on February 28, 1984

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, since the plaintiff acquired 3,420 forest land on June 2, 1969 and transferred 181,260,00 won to the non-party, which was calculated on September 29, 1980, and calculated on May 22, 1981 according to the standard market price, the above transfer value and acquisition value are calculated on the basis of 181,260,00 won, and the defendant confirmed that the transfer value of real estate of this case was 181,00 won, which is the actual transaction value, 170,000 won, and the above provision of Article 170 (1) 4 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10120, Dec. 31, 1980) was calculated on the basis of the above provision of Article 170 (1) 1 of the former Enforcement Decree of the Income Tax Act which was calculated on the basis of the above provision of Article 1701 of the former Income Tax Act.

2. However, according to Article 115 (1) 1 (a) and (2) of the Enforcement Decree of the Local Tax Act at the time of the acquisition of the above real estate at the time of its acquisition (from February 10, 1978), since the above real estate was publicly announced as a specific area at the time of its acquisition (from February 10, 1978). Meanwhile, according to Article 115 (1) 1 (a) and (2) of the Enforcement Decree of the Local Tax Act at the time of the original adjudication applicable to the taxation of this case, since the acquisition value of the above real estate at the time of its acquisition at the time of its acquisition is no longer determined by the standard market price at the time of its acquisition, the acquisition value at the time of its acquisition shall be determined by the method of calculating the transfer value at the time of its acquisition by the rate under Article 15 (1) 1 (a) and (3) of the Enforcement Decree of the Local Tax Act at the time of its acquisition.

3. Therefore, the lower judgment is reversed, and the case is remanded to the Seoul High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Byung-su (Presiding Justice)