If the amount reported as registration tax base by a person who purchased the real estate from a local government, falls short of the market price standards at the time of registration;

Where a person who purchased land allotted by the authorities in recompense for development outlay through a purchaser of the land from the Mayor of Seoul Special Metropolitan City reports the purchase price as at the time when the Seoul Special Metropolitan City sells the land to the first purchaser in his own name and the registration of ownership transfer from the Seoul Special Metropolitan City, he shall not directly acquire the land allotted by the Seoul Special Metropolitan City, which is a local government, and thus the actual acquisition price as stipulated in Article 130 (3) of the Local Tax Act cannot be the said tax base, and if the value reported by the Dong falls short of the current base price, the current base price as at the time of registration under Article 130 (1)

Articles 130(1) and 130(2) of the Local Tax Act

Plaintiff

The head of Gangnam-gu Seoul Metropolitan Government

Seoul High Court Decision 84Gu396 delivered on March 8, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found that the non-party 3 purchased the land of this case which is the land secured by the Mayor of Seoul Special Metropolitan City at the time of its acquisition on February 23, 1971 to be sold to the non-party 1,99,158, and registered it in the ledger of land secured by the development recompense for development outlay through the non-party 1 and the non-party 2 to be sold to the plaintiff on October 15, 1975, and changed the name of the owner on the ledger of land secured by the development recompense for development recompense for development outlay for 7,626,00, to the plaintiff on December 23, 199. The court below determined that the non-party 3 was not the sale price indicated in the above 1,99,158 (the first price to the non-party 2, who acquired the above land at the request of the plaintiff, the final owner of the land secured by the development recompense for development recompense for development outlay for development outlay for 30, the above tax base price for sale.

In light of the records, the above recognition and judgment of the court below are just and they are not erroneous in the misunderstanding of legal principles under Article 130 of the Local Tax Act, and there is no ground to view that the amount of tax calculated based on the statutory standard price is more than the actual acquisition price (gold 7,626,00 won), and it is contrary to the principle of substantial taxation and the principle of base taxation, or there is a practice that makes the actual transaction value, not the standard market price, as the registration tax base. Thus, all arguments are groundless.

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.

Justices Lee Jong-soo (Presiding Justice)