상속세등부과처분취소
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. Case summary
A. On April 20, 1993, the deceased E (hereinafter “the decedent”) established and operated a G company for the purpose of complete projects in Hong Kong (hereinafter “G company”).
On October 15, 2003, the plaintiff A and his service relationship I acquired two shares of the total number of shares issued by the plaintiff and his service relationship among the children of the deceased who were established in Hong Kong and recorded as directors by H companies (hereinafter referred to as "H companies") in Hong Kong.
(2) On the other hand, G Company transferred its business and assets to H Company on April 30, 2004.
B. On March 15, 2005, the decedent died, and at the time, three banks, including J, K, L, etc., opened each financial account under the name of the decedent and his/her model M, but each account was kept in total USD 12,858,689 (hereinafter “instant overseas assets”).
C. The Plaintiffs, as co-inheritors of the inheritee, filed a return and payment of inheritance tax, did not include the unlisted stocks of the Hong Kong corporations and the instant overseas assets in the inherited property.
Accordingly, on March 10, 2014, the head of Gangnam District Tax Office imposed and collected KRW 10,121,885,90 on the Plaintiffs on March 10, 2014 by including the instant overseas assets in the inherited property.
Then, on July 1, 2014, the Hong Kong corporation of this case deemed non-listed stocks to be included in the inherited property, and imposed and collected a total of KRW 16,632,980,40 (including additional taxes) on the Plaintiffs.
(2) Article 63(1)1(c) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter “former Inheritance Tax Act”); Article 63(1)1(c) of the former Enforcement Decree of the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Feb. 22, 2008; hereinafter “former Inheritance Tax Act”); Article 63(1)1(c) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter “former Inheritance Tax Act”).