[Judgment of the court below] Defendant 1 and one other (Attorney Park Young-chul, Counsel for the plaintiff-appellant)

Head of Yeongdeungpo-do Tax Office

may 17, 1984

1. As from August 11, 1982, the defendant made the final decision of correction on September 30, 1983;

(1) Of the imposition of capital gains tax of KRW 139,617,897 and of KRW 27,923,579 as well as the defense tax of KRW 44,686,766 and the defense tax of KRW 8,937,353, the portion exceeding the amount of capital gains tax of KRW 139,617,89;

(2) Of the imposition of capital gains tax of KRW 46,289,29,298 as well as KRW 9,257,859 as well as defense tax of KRW 14,645,58 as well as KRW 2,929,117 as income tax of KRW 14,645,58 as well as defense tax of KRW 2,929,117 as

Each such cancellation shall be revoked.

2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

On August 11, 1982, the Defendant transferred 137,186,369 won and defense tax 27,277,273 won and 9,757 won and defense tax were imposed on the same 30-day fixtures as the above 137,46,369 won and the above 10-year acquisition value of the real estate to the Defendant on August 11, 198 (the above 139,617,897 won and defense tax 27,979, and the 163-day acquisition value of each of the above 40-year real estate to the Defendant on the same 5-year real estate under the provisions of the Income Tax Act, and the acquisition value of the 15-year real estate under the provisions of the 196-year real estate and the 15-year real estate under the provisions of the 10-year real estate acquisition value of the 160-year real estate and the 16-year real estate acquisition value of each of the 365-year real estate.

(1) On August 11, 1982, Plaintiff Jeong Jong-il imposed capital gains tax of KRW 137,186,369 and 27,437,273 and 45,473,789 and defense tax of KRW 9,05,757 on the same Kim Jong-sung.

(2) On February 7, 1983, the court below corrected the transfer income tax amount of KRW 146,561,368, and the defense tax of KRW 29,312,273, and the transfer income tax of KRW 48,603,789, and the defense tax of KRW 9,720,757 to the plaintiff Jeong Jong-il as of February 7, 1983;

(3) On August 3, 3 of the same year, the Plaintiff Jeong-il corrected the transfer income tax of KRW 145,853,865 and the defense tax of KRW 29,170,773 and the transfer income tax of KRW 48,367,955 and the defense tax of KRW 9,573,591 to the same Kim Jong-sung;

(4) As of September 30 of the same year, the fact that the Plaintiff Jeong Jong-il issued a transfer income tax amounting to KRW 139,617,897 and KRW 27,923,579 and the defense tax amounting to KRW 27,579 and the defense tax amounting to KRW 46,289,298 and KRW 9,257,859 (hereinafter referred to as the “instant taxation disposition”) to the same Kim Jong-il, respectively, and there is no counter-proof.

The plaintiffs' representative asserts that the transfer and acquisition value of the real estate of this case should be calculated on the basis of the standard market price as in the case where it is clear who either of them becomes the tax base of the transfer income tax, and that the transfer and acquisition value of the real estate of this case should be calculated on the basis of the standard market price as in the above. Thus, since the defendant argues that the transfer and acquisition value of the real estate of this case should be calculated on the basis of the standard market price and that the part exceeding the tax amount calculated on such basis should be revoked, the transfer and acquisition value of the real estate of this case should be calculated on the basis of the standard market price, and that the transfer and acquisition value shall not be calculated on the basis of the standard market price as in the first part of Article 170 (1) and (3) of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982), whichever is known as the actual market price at the time of transfer, and that the transfer and acquisition value shall not be calculated on the standard market price at the same time of transfer.

However, pursuant to Article 9(1) of the Inheritance Tax Act and Article 5(1)1 of the Enforcement Decree of the same Act, the defendant litigation performer first claims that the value of land and building which is inherited property shall be calculated based on the market price, which is the value at the time of the commencement of the inheritance. The plaintiffs' acquisition of the real estate in this case by inheritance at the price at the time of the commencement of the inheritance and report the value of the inherited property at the time of the commencement of the inheritance in this case as the acquisition value is reported as the acquisition value. Thus, the plaintiffs' reported value at the time of the commencement of the inheritance should be the actual transaction value. In light of the above evidence No. 9-1 and No. 2 of the above evidence, the plaintiffs reported the value of the inherited property at the time of the commencement of the inheritance, which is the inheritance tax office, to the defendant's evaluation of the real estate in this case, the acquisition value of the fixed property at the time of the commencement of the inheritance cannot be calculated based on the current condition at the time of the commencement of the inheritance.

Therefore, according to each of the following facts: (a) the transfer and acquisition value of the real estate of this case shall be calculated according to the standard market price at the time of its transfer and acquisition (as of May 18, 1982 and March 2, 1976), and (b) the transfer value shall be KRW 1,200,97,224; and (b) the acquisition value shall be KRW 558,692,708; and (c) there is no counter-proof proof; and (d) accordingly, in calculating each of the transfer income tax and defense tax amount of the plaintiffs following the transfer of the real estate of this case, it is clear that the transfer income tax amount of Plaintiff Jeong Jong-il shall be KRW 34,060,054; (c) the defense tax amount shall be KRW 6,812,010; and (d) the transfer income tax amount of the same case shall be KRW 11,103,351, and the amount of the transfer income tax of this case shall be calculated as KRW 206,270.

Therefore, within the scope of each tax amount exceeding the above recognition, the portion exceeding KRW 44,686,76, and the defense tax amount exceeding KRW 8,937,353 among the disposition of imposition of capital gains tax of KRW 139,617,89,89, and the defense tax of KRW 27,923,579, and KRW 46,289,29,298, and the defense tax amount exceeding KRW 9,257,859, among the disposition of imposition of capital gains tax of KRW 14,645,58, the defense tax amount exceeding KRW 2,929,117 for each of the claims by the plaintiffs against the deceased parties are accepted, and the costs of lawsuit are assessed as per the disposition against the losing defendant.

June 14, 1984

Judge Seo-dae (Presiding Judge)

[Attachment Omission (1. Determination of Transfer Income Tax and Defense Tax Amount)]

[Attachment Omission (2. Determination of Transfer Income Tax and Defense Tax Amount)]

[Attachment Omission (3. Determination of Transfer Income Tax and Defense Tax Amount)]