The method of calculating gains on transfer, in the absence of any final return;

In calculating the transfer income amount under Article 23 of the Income Tax Act, the transfer margin shall be calculated based on the current base value, inasmuch as no final return on the transfer income under Article 95 of the same Act or the final return on the transfer income under Article 100 of the same

Articles 23, 95, and 100 of the Income Tax Act

Supreme Court Decision 77Nu222 delivered on December 27, 197, 79Nu394 delivered on March 11, 1980, 81Nu122 delivered on October 25, 1983

[Defendant-Appellee] Plaintiff 1 et al.

The Head of Seoul Gangnam Tax Office

Seoul High Court Decision 81Gu734 delivered on July 14, 1982

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

In calculating the transfer income amount under Article 23 of the Income Tax Act, the court below's decision that the taxation of this case is legitimate by calculating the transfer income according to the standard market price on the ground that the transfer income on the transfer income of Article 95 of the same Act or the final return on the return on the return on the transfer income of Article 100 of the same Act does not exist, because the actual transaction price is unclear (see Supreme Court Decision 77Nu22, Dec. 27, 197; Supreme Court Decision 79Nu394, Mar. 11, 1980). Thus, in this case where the plaintiff did not transfer the real estate of this case but did not make the return on the transfer income or the final return on the transfer income of this case, the defendant calculated the transfer income according to the standard market price at the time of acquisition of the real estate of this case by the plaintiff and the transfer income at the time of transfer is just

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice)