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(영문) 서울고등법원 2012. 05. 25. 선고 2011누39235 판결

아파트로부터 독립한 별개의 건물이 속한 토지의 평가방법[국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court 201Guhap14319 ( October 28, 2011)

Case Number of the previous trial

Seocho 2010west 1098 ( October 15, 201)

Title

Methods for assessing land where separate buildings independently from apartment houses belong;

Summary

(As with the judgment of the court of first instance) In the appraisal of the value of inherited property, the attached building is a separate building independent of the apartment, so it cannot be deemed that the disposition that calculated the value of the land is unlawful without considering the value of the attached building.

Cases

2011Nu39235 Revocation of the imposition of inheritance tax

Plaintiff and appellant

고QQ 외4명

Defendant, Appellant

Head of Yongsan Tax Office

Judgment of the first instance court

Seoul Administrative Court Decision 2011Guhap14319 decided October 28, 2011

Conclusion of Pleadings

May 8, 2012

Imposition of Judgment

May 25, 2012

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked.

The Defendant’s disposition of imposition of KRW 000 on December 1, 2009 against the Plaintiffs is revoked in the aggregate of the inheritance tax of KRW 000 on the attached list belonging to the year 2008.

Reasons

1. Quotation of judgment of the first instance;

The court's explanation on this case is identical to the entry of the reasoning of the judgment of the court of first instance, and thus, citing this as is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and all appeals of the plaintiffs are dismissed. It is so decided as per Disposition.