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(영문) 대법원 2017. 05. 26. 선고 2017두35738 판결

(심리불속행)상속세및증여세법 제28조 제1항에서 정한 ‘증여세액’은 증여세 과세표준에 세율을 적용하여 산출한 증여세액을 의미함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-6356 ( October 10, 2017)

Title

"Gift tax amount" under Article 28 (1) of the Inheritance Tax and Gift Tax Act means the amount of gift tax calculated by applying the tax rate to the tax base of gift tax.

Summary

(2) Article 28(1) of the Inheritance Tax and Gift Tax Act refers to the amount of gift tax calculated by applying the specified tax rate to the tax base of gift tax under the Inheritance Tax and Gift Tax Act.

Related statutes

Article 28 of the Inheritance Tax and Gift Tax Act

Cases

Supreme Court Decision 2017Du35738 Decided revocation of Disposition of Inheritance Tax Imposition

Plaintiff

AA

Defendant

BB Director of the Tax Office

Imposition of Judgment

May 26, 2017

Text

1. All appeals are dismissed.

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

Reasons

While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the argument on the grounds of appeal is not deemed to include or not accept the grounds of appeal under the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.