Seoul Administrative Court 201Gudan1084 (Law No. 28, 2011)

Seocho 2010west0645 ( October 31, 2011)

An agreement reached by voluntarily assessing the value of the subject matter of exchange shall not be deemed an actual transfer value.

(As in the judgment of the first instance court) Where the exchange party arbitrarily evaluates the value of the object of exchange without undergoing a market price appraisal, and enters the appraised value in the agreement, it shall not be deemed a real transfer value, and there is no transaction example or appraisal value, and it is legitimate to calculate the transfer margin by the standard market

Article 96 of the Income Tax Act

Article 100 of the Income Tax Act

2011Nu36724 Revocation of disposition of imposing capital gains tax

XX Kim

Head of Yeongdeungpo Tax Office

Seoul Administrative Court Decision 2011Gudan10884 decided September 28, 2011

April 19, 2012

May 10, 2012

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of capital gains tax of KRW 000 against the plaintiff on November 2, 2009.

The reasons for the judgment of the court of first instance are reasonable, and therefore, it is accepted for the reasons of this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act (However, each "actual transaction price" in Article 4-6 of the judgment of the court of first instance is corrected to "actual transaction price".

The plaintiff's appeal is dismissed for lack of reason.