Seoul Administrative Court 2009Guhap18264 ( October 01, 2009)

Cho High Court Decision 2008Du3208 ( October 17, 2009)

Book value in calculating capital gains on non-business land of non-profit corporations

In the transfer of land for non-profit domestic corporations, the book value at the time of transfer of land, etc. can not be interpreted as the larger amount between the book value under the Addenda of the Corporate Tax Act and the value appraised by the current value under the Inheritance Tax and Gift Tax Act on January 1, 191.

The contents of the decision shall be the same as attached.

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant's rejection disposition against the plaintiff on August 28, 2008 regarding the application for rectification of the amount of special taxation on capital gains for the business year of 2007 shall be revoked.

The reason for the judgment of the first instance is reasonable, and therefore, it is cited as the reason for this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion is justified and it is so decided as per Disposition.