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(영문) 인천지방법원부천지원 2013.10.17 2008가합9005
구상금등
Text

1. The defendant,

A. As to the Plaintiff A’s KRW 39,546,687 and KRW 32,951,289 among them, the items of “Inheritance Tax” in attached Table 1 are as follows.

Reasons

1. Basic facts

A. Plaintiff A is the wife of the deceased G, and Plaintiff B, C, D, E, and the Defendant are children of G, and Nonparty H is the Defendant’s father and female as the Defendant’s father.

B. G No. 700 of the No. 13, Dec. 13, 2007, a notary public drafted a testamentary document with the following content (hereinafter “instant will”).

1. The plaintiff Nos. 102, 812, and 102, in Gwangjin-gu Seoul Special Metropolitan City, J, and K shall be bequeathed to the plaintiff D.

2. The 485 square meters prior to M., 426 square meters prior to N.M. (hereinafter “O land”), the 4,473 square meters prior to North Korea, Q. 3,438.6 square meters, R. 3,871.6 square meters, S. 3,254 square meters (hereinafter “T land”) shall be distributed equally to H, Plaintiff A, B, C, and E, respectively.

3. The Defendant shall testamentary gifts of the 69m2 in Yeongdeungpo-gu Seoul Metropolitan Government U 69m2 and one story above ground and 52.89m2 (hereinafter “U land and housing”).

4. Each of the plaintiffs and the defendant shall equally distribute all kinds of claims, such as deposit claims of which the net G is the actual owner.

C. G died on December 25, 2007, and the inherited property not disposed of by the instant will was jointly inherited by the Plaintiffs and the Defendant.

The plaintiffs paid the total amount of KRW 782,758,160 on June 24, 2008, KRW 540,000 on inheritance tax, KRW 171,479,00 on July 24, 2008, KRW 782,758,160 on September 3, 2008, and KRW 782,758,160 on September 22, 2008, the National Tax Service was permitted to pay the remainder of inheritance tax by June 25, 201. The plaintiffs paid the total amount of KRW 11,838,950 on June 24, 2009, KRW 106, KRW 975, KRW 970 on June 16, 2010, KRW 30 on annual installments, KRW 105, KRW 300 on May 29, 2015, KRW 10 on annual installments, KRW 30730.15.1.

E. Also, based on the year to which G was reverted in 2006 and 2007, the total amount of KRW 17,560,00 in global income tax, KRW 1,705,350 in total, and KRW 4,938,260 in total, and KRW 24,203,610 in total, including KRW 4,938,260 in value-added tax (hereinafter “each of the above taxes imposed on the network G”). The Plaintiffs are subject to the global income tax on December 28, 2007, KRW 211,190 in global income tax, and value-added tax on March 12, 2008.

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