In the case of simple exchange, the transfer value and acquisition value are calculated by the standard market price.

Where the object of exchange is accompanied by the liquidation procedures for the difference in the appraisal value, the actual transfer value may be confirmed, but in the case of a simple exchange, the actual transfer value may not be confirmed, and in this case, the transferor shall calculate the transfer value and the acquisition value according to the standard market price of the assets transferred due to the exchange.

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

Article 100 (Calculation of Gains on Transfer)

Article 114 (Determination, Revision and Notification of Tax Base for Transfer Income and Amount of Tax)

1. The plaintiff's claim is dismissed.

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

The Defendant’s imposition of capital gains tax of KRW 45,51,110 against the Plaintiff on May 6, 2008 shall be revoked.

1. Circumstances of the disposition;

A. On December 9, 2005, the Plaintiff exchanged ○○-dong 1010-1 ○○○○○-dong, 128.69 square meters on the second floor, No. 203, 203, 128.69 square meters (hereinafter “the instant real property”), and ○○○-gun, ○○○○-gun, Gangwon-do, Gangwon-do, ○○○○○, 805-19, 949 square meters, and 805-20, 916 square meters (hereinafter “the instant forest”).

B. On January 10, 2006, the Plaintiff prepared a real estate sales contract as of December 5, 2005 with the purport of transferring the real estate of this case to ○○○ by making the transferee of the real estate of this case as the last ○ in the form of ○○. On January 10, 2006, the Plaintiff made a preliminary return of transfer income tax with the real value of KRW 320 million in the transfer value of the real estate of this case as of February 2006, and attached the said preliminary return of transfer income tax with the real value of KRW 320 million on December 5, 2005.

C. The Defendant, on the ground that the actual transfer value of the instant real estate cannot be deemed as KRW 320 million as above, calculated gains from transfer using the transfer value as the standard market price at KRW 344,153,040, and its acquisition value as the standard market price at KRW 168,122,460, calculated gains from transfer. On May 6, 2008, the Defendant corrected and imposed capital gains tax amounting to KRW 45,551,110 (hereinafter “instant disposition”).

D. The Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review with the National Tax Service on August 1, 2008, but was dismissed on October 31, 2008.

[Grounds for Recognition] Gap evidence 1, 2, 5, evidence 7-10, evidence 1, evidence 2-1 through 3,

The identification of evidence No. 4, the whole purport of the pleading

2. Whether the imposition disposition of the instant case is lawful; and

A. The plaintiff's assertion

(1) In the conclusion of an exchange contract with respect to ○○○○-gun, Gangwon-do ○○○○○○-gun, ○○○○○○○, 805-19 Forest land and 949 square meters, and 805-20 forest land and 916 square meters, the Plaintiff’s exchange value is KRW 320,000,000,000,000 won. Thus, it is not so, the transfer value should be calculated based on the goods acquired by the other party, but it is unlawful to calculate the transfer value according to the standard market price of the instant real estate.

(2) On September 22, 200, the Plaintiff, including the instant real estate, purchased a total of 201, 202, 205 square meters in KRW 641.42 square meters from the Nonparty’s Republic of Korea, including the instant real estate from the Nonparty’s Republic of Korea, for KRW 9.3 million. The Plaintiff’s acquisition price was calculated as KRW 294,558,962 ( KRW 930,000,000 and KRW 157,641.42 square meters from the Defendant’s free reduction of such objective acquisition price without any grounds is unlawful.

(b) Related statutes;

Article 100 (Calculation of Gains on Transfer)

Article 114 (Determination, Revision and Notification of Tax Base for Transfer Income and Amount of Tax)

Article 176-2 (Estimated Decision and Revision)

C. Determination

The actual transfer value of the relevant asset, which is the basis of calculating the amount of capital gains tax, means the value that the transferor transfers the assets at the time of the transaction and received as the price for the transfer, which is objectively recognized by the sale contract or other documentary evidence. In the event that the transaction is an exchange, the actual transfer value can be confirmed if the transaction involves liquidation procedures on the difference of the appraisal value by conducting a market price appraisal on the object of exchange based on the monetary value of the object of exchange. However, in the case of a simple exchange, the actual transfer value cannot be confirmed, and in this case, the transferor should calculate the transfer value and the acquisition value according to the standard market price of the assets transferred by the exchange

With respect to this case, as seen earlier, the Plaintiff did not undergo a procedure such as appraising the market price in exchanging the real estate of this case and the forest of this case. However, since there is a confirmation or sales contract stating that the exchange price is KRW 320 million between us at will, the exchange of this case is a simple exchange, not a case where the actual transfer price can be confirmed, and its actual transfer price cannot be viewed as KRW 320 million as stated in the above confirmation or sales contract, and there is no other data to confirm the actual transfer price, so the transfer price of this case cannot be determined based on the standard market price, and the acquisition price of this case shall be determined based on the standard market price, and the acquisition price of this case shall be determined based on the standard market price, and since the standard market price shall be determined based on the standard market price of the real estate of this case which is transferred by an exchange, not a movable property newly acquired by the exchange, it cannot be said that there is an error in the disposition of imposition of capital gains tax in this way.

3. Conclusion

Therefore, the plaintiff's claim seeking the revocation of the disposition of this case is dismissed as it is without merit. It is so decided as per Disposition.