[증여세등부과처분취소][공1990.2.1(865),274]
The case holding that, with respect to onerous donation between lineal ascendants and descendants, the donee was capable of repaying the donee's debts at the time of donation in light of the donee's property status and the circumstances of repayment of bank debts after donation.
The case holding that, with respect to onerous donation between lineal ascendants and descendants, the donee was capable of repaying the donee's debts at the time of donation in light of the donee's property status and the circumstances of repayment of bank debts after donation.
Article 29-4(2) of the Inheritance Tax Act
Plaintiff
Head of the Do Tax Office
Seoul High Court Decision 89Gu109 delivered on June 27, 1989
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
Article 29-4 (2) of the Inheritance Tax Act provides that if the donee takes over the above real estate obligation of the donor, the amount of debts shall not be deducted: Provided, That this provision shall not apply to the case where the donee takes over the debts or judicial debts of the State, local governments, and other financial institutions prescribed by the Presidential Decree, considering the occupation, age, income, etc. of the donor, 00 and the above real estate was 00,000 won for 80,000 won for 10,000 won for 10,000 won for 10,000,000 won for 10,000 won for 10,000,000 won for 0,000 won for 10,000 won for 10,000 won for 10,000,000 won for 20,000 won for 30,000 won for 10,000 won for 30,000 won for 1,00.
According to the records, we affirm the above measures of the court below, and there is no error of law such as the theory of lawsuit. We are without merit.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jong-dong (Presiding Justice)