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(영문) 수원지방법원 2016.02.03 2015구합64795
상속세 부과처분 취소
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Details of the disposition;

A. From around 198 to December 2001, F borrowed money several times from G, and around December 2001, the aggregate of the principal and interest on the loan amount came to be KRW 300 million, and it was divided into 11,431 square meters of Pyeongtaek-si H land owned by G (i.e., KRW 9,800 square meters in store site for Pyeongtaek-si, and KRW 1,635 square meters in forest J. 1,635 square meters in total; hereinafter collectively referred to as the “real estate of this case”) as collateral or additionally borrowed money, if the aggregate of the principal and interest on the loan amounts to KRW 300 million, upon G’s option, to establish a collateral security right on the real estate of this case or to reduce shares in the real estate of this case, and continued to borrow money by borrowing additional KRW 200 million from G until December 31, 2005, the loan amount exceeded KRW 600,600,000.

A: F and B: G and B confirm each other on July 24, 2009, and agree completely on paragraphs 1, 2, and 3 as follows, and further on paragraphs 4, 5, and 6.

(Verifications)

1. From around 1998, “A” borrowed money from “B” several times, and the interest rate determined arbitrarily by taking account of the interest rate level at a financial institution.

2. When the sum of the principal and interest of the amount loaned to Gap over ten times between 1998 and 2001 reached KRW 300 million, the market price at the time of the instant real estate owned by Gap around December 2001 was about KRW 1 billion. The sum of the money offered as security or additionally borrowed as security would be KRW 300 million, at the option of Eul, either set up a collateral security on the instant real estate or transfer the money to 1/2 of the instant real estate. The Eul accepted such proposal and replaced the additional KRW 200 million from January 202 to December 2005.

3. Both parties do not object to the effect that the sum of the principal and interest of Gap's loan to Eul is much more than 600 million won as of December 31, 2005.

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