Seoul High Court 2014Nu64423 (2015.06)

(Trialless Conduct) Even if there is a transaction example, if the transaction value is not adequately reflected in the objective exchange value, it shall not be deemed the market value.

(The main point of view) The shares of this case calculated by the supplementary evaluation method of the Inheritance Tax and Gift Tax Act are erroneous on the ground that, even if the value of the apartment sale is the actual transaction value, such transaction value cannot be deemed the market value if it is not adequately reflected the objective exchange value.

2015Du4400 Revocation of Disposition of Imposing gift tax

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Head of Seocho Tax Office

Seoul High Court Decision 2014Nu64423 Decided May 6, 2015

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per