In a case where the officially assessed individual land price for the pertinent year is publicly announced after the donation of land, the valuation standards for donated land

Even if the officially assessed individual land price for the pertinent year was publicly announced on January 1 of the same year after the donation, the officially assessed individual land price for the pertinent year, rather than the publicly announced individual land price for the previous year, was publicly announced at the time of donation, should be deemed to have close close to the market price by properly reflecting the current status of land at the time of donation rather than the publicly announced individual land price for the pertinent year. Therefore, in a case where the officially assessed individual land price for the pertinent year is lower favorable to taxpayers

Article 9(1) of the former Inheritance Tax Act (amended by Act No. 4662 of Dec. 31, 1993); Articles 5(2)1(a) and 42(1) of the former Enforcement Decree of the Inheritance Tax Act (amended by Presidential Decree No. 14469 of Dec. 31, 1994)

Supreme Court Decision 91Nu2038 delivered on September 24, 1991 (Gong1991, 2632) Supreme Court Decision 91Nu10831 delivered on May 26, 1992 (Gong1992, 204) Supreme Court Decision 91Nu838 delivered on September 22, 1992 (Gong1992, 308) Supreme Court Decision 93Nu16925 delivered on December 7, 1993 (Gong194, 386)

Plaintiff 1 and one other

The head of Yangcheon Tax Office

Seoul High Court Decision 95Gu25826 delivered on January 25, 1996

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

Article 5 (2) 1 (a) and Article 42 (1) of the Enforcement Decree of the Inheritance Tax Act (amended by the Presidential Decree No. 14469 of Dec. 31, 1994; hereinafter the same shall apply) provide that the market price of the land which is a donated property shall be calculated according to the supplementary assessment method, which is the value of the donated property, shall be determined according to the purport of Article 5 (1) of the Enforcement Decree of the same Act (amended by the Presidential Decree No. 4662 of Dec. 31, 1993). Since it is difficult to calculate the market price of the land which is the donated property, the pertinent officially assessed individual land price shall be determined according to the general rule of the National Tax Service as of March 10, 1995 (see, e.g., Supreme Court Decision 94Nu14896 of Mar. 10, 195), the officially assessed individual land price as of the date of execution shall be determined based on the officially assessed individual land price as of the previous land price of the year.

In the same purport, the court below is just in holding that each disposition of this case, which assessed the value assessed by the officially assessed individual land price in April 24, 1993, which was publicly announced as of April 24, 1993, is unlawful, and there is no error of law by misapprehending the legal principles as to the supplementary assessment methods of donated property or the basic date of the publicly assessed individual land price, such as the theory of lawsuit. We do not have merit.

Therefore, the appeal is dismissed 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.

Justices Cho Chang-tae (Presiding Justice)