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(영문) 의정부지방법원 2014.07.18 2013가합73459

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C had the Plaintiff, E, F, G, and H as his child between D and D.

(hereinafter referred to as “instant inheritors.” The Plaintiff has six (6) persons including D and their children, i.e., the spouse of the Plaintiff, and E are K and children, i.e., the spouse of K and children, M and N, and F haveO and children, i.e., the spouse of the Plaintiff, and the Defendant, i.e., the spouse of G., the Defendant.

B. C died on September 23, 2006, and E and F filed a petition for adjudication on renunciation of inheritance with the District Court Decision 2006Ra1470 on December 21, 2006, and received a judgment from the above court on March 13, 2007.

C. On March 21, 2007, the Plaintiff submitted a return of tax base of inheritance tax to the director of the Namyang District Tax Office, and the amount of voluntary payment calculated according to the above report is KRW 1,449,750,570, and the tax accountant R prepared the individual share of tax payable divided by the proportion of the property donated or inherited to the heir of this case and his wife.

On November 14, 2008, the director of the Namyang District Tax Office revised the total amount of tax determined as KRW 1,552,609,958 on the ground that the total amount of tax of KRW 1,449,50,52,609,958 was omitted in the return (i.e., the amount of tax previously determined as KRW 1,449,750,570,570, the additional tax amount of KRW 76,521,682, the additional tax of KRW 12,839,282, the additional tax of KRW 13,49,498,42, the additional tax of KRW 1

E. The instant inheritors finally paid KRW 1,625,127,960 (hereinafter “instant inheritance tax”) as inheritance tax. Of them, according to the value of the biological gift or inherited property, the portion to be borne by the Plaintiff is KRW 169,026,691, KRW 33,243,104, KRW 14,083, KRW 194,083, KRW 195,264, KRW 701, and the Defendant’s share to be borne by G is KRW 195,223,025.

From March 17, 2008 to June 30, 2010, the Plaintiff totaling KRW 494,210,679 among the above inheritance taxes, and KRW 430 from March 21, 2008 to March 30, 2010.