A. The acquisition value of real estate acquired before December 31, 1974 shall be calculated based on the standard market price as of January 1, 1975 by the method prescribed by the Ordinance of the Ministry of Finance and Economy, and the transfer value shall be calculated based on the value calculated based on the multiple rates (affirmative)

B. Whether the method of determining the standard market price is in violation of the principle of no taxation without law under Article 60 of the Income Tax Act, which delegated to Presidential Decree

C. Whether Article 115 (3) of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 12767 of Aug. 1, 1989) comprehensively re-re-converts the delegated matters of this Act to subordinate statutes (negative)

D. Whether the method of calculating the acquisition value that was not predicted at the time of acquisition before the enforcement is stipulated, but the legislation regarding the transfer income tax applicable only to the transfer of assets after the enforcement (negative)

(e) Calculation of the transfer value where the cause of transfer is exchanged.

A. In the case where the land was acquired in 1972 before the public notice was given, but it was transferred after the above public notice, the acquisition value shall be based on the standard market price as of January 1, 1975 because the market price of the above land could not be known as of January 1, 1975, and the transfer value shall be based on the rate method, and the acquisition value shall be calculated according to the method of multiple factor method, and the acquisition value shall be calculated according to the method prescribed in Article 56-5(5) of the former Enforcement Decree of the Income Tax Act (amended by the Ordinance of the Ministry of Finance and Economy No. 1812 of Mar.

B. Articles 23, 31, and 45 of the Income Tax Act stipulate all important matters such as taxation requirements and tax rates of transfer income tax. Article 60 of the same Act delegates only the method of determining the standard market price, which serves as the basis for the calculation of the tax base, to the Presidential Decree. Thus, such provision is deemed unconstitutional provisions contrary to the principle of no taxation without law, by comprehensively delegating the contents to be prescribed by the Presidential Decree

C. Article 115 of the former Enforcement Decree of the Income Tax Act (amended by the Presidential Decree No. 12767 of Aug. 1, 1989) which provides for the determination of the standard market price by delegation of Article 60 of the Income Tax Act (amended by the Presidential Decree No. 12767 of Aug. 1, 1989) stipulates that the general matters concerning the determination of the standard market price are specifically divided into an area determined by the Commissioner of the National Tax Service and an area not so, and Article 115 of the former Enforcement Decree of the Income Tax Act (amended by the Presidential Decree No. 12767 of Aug. 1, 1989) provides that the method of determining the standard market price at the time of

D. Inasmuch as the legislation of capital gains tax, which is a tax on income accruing from the transfer of assets, applies only to a transaction of asset transfer after its enforcement, the said acquisition value shall be calculated by an unpredicted method at the time of its enforcement, and it cannot be deemed a retroactive legislation.

E. Even if the cause of the transfer of real estate is an exchange, the transfer is a real estate that is transferred by the exchange, and its transfer value should be based on the standard market price of the real estate so transferred and should not be based on the standard market price of the assets transferred by the exchange.

(a)(c)(d) Article 23(4) and Article 45(1)(a)(b) of the former Income Tax Act (amended by Act No. 4281, Dec. 31, 1990); Article 115 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 12767, Aug. 1, 1989); Article 9(a) of the Addenda (amended by Presidential Decree No. 12767, Dec. 31, 1974). (d) Article 5(5) and (7) of the former Enforcement Decree of the Income Tax Act (amended by Ordinance of the Ministry of Finance and Economy No. 1812, Mar. 15, 1990); Article 38 and 59 of the Constitution of the Republic of Korea; Article 60 of the Income Tax Act (amended by Ordinance of the Ministry of Finance and Economy No. 181, Dec. 24, 1974);

A.B.C. D. Supreme Court Decision 90Nu3515 Decided July 24, 1990 (Gong1990, 1819)/B. D. Supreme Court Decision 90Nu9629 Decided July 26, 1991 (Gong1991, 2269)/B. Supreme Court Decision 90Nu3386 Decided September 25, 1990 (Gong1990, 2198)/B. Supreme Court Decision 90Nu595 Decided November 13, 1990 (Gong191, 125), 90Nu6293 (Gong1, 1531), 90Nu62989 Decided April 23, 1991 (Gong1991, 1531), 190Nu96979 decided Apr. 29, 196; Supreme Court Decision 209Nu979489 decided Apr. 19, 1997

Plaintiff

head of Dongjak-gu Tax Office

Seoul High Court Decision 90Gu13583 delivered on December 27, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below determined that the above method of calculating transfer margin and Article 60 of the Income Tax Act, Article 16 of the Addenda of the same Act, Article 115 (1) and (3) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 12767 of Aug. 1, 1989; hereinafter the same shall apply), and Article 56-5 (7) and (5) of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Finance and Economy No. 1812 of Mar. 15, 1990; hereinafter the same shall apply), the standard market price which is the basis for calculating transfer income shall be the value appraised by the rate where the taxable object is located in a specific area determined by the Commissioner of the National Tax Service at the time of transfer, but if the taxable object is located in a specific area at the time of acquisition, the transfer price shall be the value calculated by the above method and the acquisition price shall be determined by the standard market price before 197.197.19

2. Articles 23, 31, and 45 of the Income Tax Act stipulate all important matters such as taxation requirements and tax rates of transfer income tax. Article 60 of the same Act delegates only the method of determining the standard market price, which serves as the basis for calculating the tax base, to the Presidential Decree. Thus, these provisions cannot be deemed as unconstitutional provisions contrary to the principle of no taxation without representation, etc. prescribed by the Constitution by comprehensively delegating the contents to the Presidential Decree (see Supreme Court Decision 90Nu386 delivered on September 25, 190).

Article 115 (1) and (2) of the Enforcement Decree of the same Act provides that general matters concerning the determination of the standard market price shall be divided into areas and areas other than those determined by the Commissioner of the National Tax Service, and it is evident that at the time of transfer under paragraph (3) that the method of determining the standard market price at the time of acquisition is delegated only to the Treasury Ordinance if there is no percentage rate because it does not fall under a specific area at the time of acquisition. Thus, it shall be comprehensively re-entrusted to subordinate Acts and subordinate statutes with the matters delegated by the Act, and it shall not be deemed invalid in violation of the principle of no taxation without law under the Constitution (see Supreme Court Decision 90Nu3515 delivered on July 24, 1990). In addition, Article 115 (1) and (2) of the Enforcement Decree of the same Act provides that the public notice by the Commissioner of the National Tax Service for the determination of the standard market price under each provision of Article 56-5 (7) of the Enforcement Rule of the same Act, which provides that the above provision of the above provision of the Enforcement Rule shall not be applied to the transfer of assets.

3. In the instant case, even if the cause of transfer is an exchange, the transfer is a real estate transferred through the instant exchange, and its transfer value is based on the standard market price of the transferred real estate, and it is not based on the standard market price of the assets transferred through the exchange, and thus, the judgment below is just and there is no error of law such as the theory of lawsuit.

4. All arguments are without merit, 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 on the bench.

Justices Choi Jae-ho (Presiding Justice)