Case Number of the immediately preceding lawsuit
Seoul Administrative Court 2008Guhap21539 ( October 15, 2008)
Case Number of the previous trial
early 208west0259 ( December 26, 2008)
Title
The disposition imposing gift tax on similar apartment business example is legitimate.
Summary
(The same as the judgment of the court of first instance) The comparable apartment is located in the same Dong and is identical or similar to the same horizontal number, the same direction, the immediately upper floor, and the standard market price, and its size, location, use, and items, so it is reasonable to regard the transaction value as the market price at the time of the donation.
Cases
208Nu31675 Revocation of Disposition of Imposition of Gift Tax
Plaintiff and appellant
Park AA
Defendant, Appellant
○ Head of tax office
Judgment of the first instance court
Seoul Administrative Court Decision 2008Guhap21539 decided Oct. 15, 2008
Conclusion of Pleadings
April 7, 2011
Imposition of Judgment
May 12, 201
Text
1. The plaintiff's appeal is dismissed.
2. Costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance is revoked, and the defendant's gift tax on November 13, 2007 for the plaintiff on November 13, 2007 shall accrue to the plaintiff.
17,521,800 won a judgment that the disposition of imposition is revoked.
Reasons
The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
Therefore, the judgment of the first instance court is justifiable, and it is so decided as per Disposition by the plaintiff's appeal.