Seoul High Court 2010Nu10060 (29 October 29, 2010)

National Tax Service Review and Transfer 2009-0066 (Law No. 21, 2009)

(Incompetence of hearing) In case the transfer of apartment falls under a low-price transfer between persons with a special relationship, the wrongful calculation panel is applied.

In light of the fact that the transfer value of comparative apartment is merely about 75% of the transfer value of comparative apartment and it seems to be too low, the transfer of apartment can not be viewed as a normal transaction to be done by the economic person in light of social norms and customs, and thus, it is deemed that the tax burden has been unjustly reduced.

2010Du22047 Revocation of Disposition of Imposing capital gains tax, etc.

The AA

○ Head of tax office

Seoul High Court Decision 2010Nu10060 Decided September 29, 2010

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes 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 Disposition by

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,