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Case Number of the immediately preceding lawsuit
Daejeon High Court (Cheongju)-2015-Nu-1067 (O7, 2016.09.07)
Title
Whether it is legitimate to apply the standard market price due to unclear transfer value.
Summary
(C) If it is impossible to divide the actual transaction price of the land into a lump sum transaction, the actual transaction price of the land shall be calculated based on the objective value of the land as a result of the appraisal by the appraiser and the correction and notification of the transfer income tax shall be lawful.
Related statutes
Article 96 of the Income Tax Act
Article 100 of the Income Tax Act (Calculation of Gains on Transfer)
Cases
Supreme Court-2016-Du-52309 Decided capital gains tax
Plaintiff-Appellant
***
Defendant-Appellee
Head of Chungcheong Tax Office
Judgment of the lower court
September 7, 2016
Imposition of Judgment
January 12, 2017
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is deemed not to include or not to be acceptable the reasons under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Therefore, all appeals are dismissed, and it is so decided as per Disposition by the assent