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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Details of the disposition;
A. On April 26, 2008, E, who was the owner of the land listed in the separate sheet (hereinafter “each of the instant lands”), concluded a sales contract with F and G on April 26, 2008, and with respect to each of the instant land and the Seoul Gwangjin-gu Seoul Special Metropolitan City H land, and I land with KRW 3.2 billion, but the sales contract was rescinded because the buyer was unable to pay the purchase price.
On the other hand, upon the death of E on June 21, 2008, the plaintiffs, the children of E, assessed the land of this case as KRW 3.2 billion among inherited property and reported inheritance tax on February 22, 2008.
B. On December 7, 2010, on the grounds that the sales contract alleged by the Plaintiffs was terminated, and that the sales price cannot be deemed as reflecting the adequate market price of each land of this case, the Defendant calculated the market price of each land of this case as the officially announced price in accordance with the supplementary evaluation method under the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter “Premium Tax Act”) and assessed the market price of each land of this case as KRW 25,602,664,00 (per 26,493 won), and notified the Plaintiffs of the correction of KRW 14,61,423,170.
(hereinafter “instant disposition”). The Plaintiffs appealed and filed an objection on March 3, 201, but received a decision of dismissal on March 29, 201. On June 27, 2011, the Plaintiffs filed an appeal with the Tax Tribunal, but received a decision of dismissal on October 31, 201.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. According to Article 60 of the Inheritance and Gift Tax Act and Article 49 of the Enforcement Decree of the Inheritance and Gift Tax Act, the value of property subject to inheritance tax shall be based on the market price as of the commencement date of inheritance, and the market price accordingly shall be the value generally recognized as being established when transactions are freely made between many and unspecified persons. In the event that there is a fact of trading the pertinent property during a period of not more than six months