Seoul High Court 2012Nu29389 (Law No. 29, 2013.05)

Examination Transfer 2010-0322 ( December 13, 2011)

Since it is merely a simple exchange and cannot confirm the actual transfer value, the calculation of transfer margin is legitimate based on the standard market price.

In light of the details and contents of the conclusion of an exchange contract, it constitutes a case where the actual transfer value is not verifiable because it is merely a simple exchange, and there is no transaction example or no adequate appraisal value, the transfer value shall not be based on the standard market price and in this case, the acquisition value shall be based on the

Article 2 of the Inheritance Tax and Gift Tax Act

2013Du12133 Revocation of Disposition of Imposing capital gains tax

LAA

Head of Sungnam Tax Office

Seoul High Court Decision 2012Nu29389 Decided May 29, 2013

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 for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by