Plaintiff 1 and one other (Law Firm World Law Firm, Attorney Cho Jae-hun, Counsel for the plaintiff-appellant)

Head of Seocho Tax Office

May 14, 2010

Seoul Administrative Court Decision 2008Gudan13340 decided September 22, 2009

1. All appeals filed by the plaintiffs are dismissed.

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

The judgment of the first instance shall be revoked. The defendant shall revoke each disposition of imposition of capital gains tax of KRW 7,901,190 against the plaintiff 1 on December 1, 2007 and KRW 13,075,890 against the plaintiff 2.

The reasoning for the court's reasoning for this case is that it is "(limited approval is limited to the liability for inherited property within the scope of inherited property, not to exclude or restrict the qualified acceptor's succession to the rights and obligations on inherited property)" under the following, 10th "(see Supreme Court Decisions 2000Du1508, Jul. 6, 200; 90Nu6101, Apr. 23, 1991, etc.)" under the 4th sentence of the first instance judgment. 5th, "The imposition of capital gains tax on inherited property is ultimately inconsistent with the purpose of the system of qualified acceptance," under the 2nd sentence of the 4th judgment of the court of first instance. However, it is necessary for the plaintiffs to enter the inherited property within 5 days from the date of the qualified acceptance in the list of inherited property within the scope of the inherited property and to refuse the repayment of inherited property within 30 months from the expiration of the period of auction under the 10th judgment of the Civil Procedure Act."

Therefore, the judgment of the court of first instance is justified, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition.

Judges Lee Jae-ho (Presiding Judge)