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(영문) 대법원 2017. 04. 28. 선고 2017두31866 판결
저당권이 설정된 재산에 대하여 그 재산이 담보하고 있는 채권액을 반영하여 평가한 처분의 당부 등[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-45655 ( December 07, 2016)

Title

The propriety, etc. of the disposition of evaluating the mortgaged property by reflecting the amount of the claim secured by such property.

Summary

(2) The disposition that assessed the stocks of the issue on the basis of the larger of the value assessed on the basis of the secured claim amount and the supplementary assessed value with respect to the property for which the mortgage, etc. is created under Article 66 of the Inheritance Tax and Gift Tax Act is nonexistent

Related statutes

Article 66 of the Inheritance Tax and Gift Tax Act

Cases

Supreme Court Decision 2017Du31866 Decided disposition imposing gift tax

Plaintiff-Appellant

Gu0 et al. 5

Defendant-Appellee

00 Other 1

Judgment of the lower court

Seoul High Court Decision 2016Nu45655 Decided December 07, 2016

Imposition of Judgment

2017.04.28

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the judgment of the court below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and it is therefore groundless, all appeals are dismissed under Article 5 of the above Act. It is so decided as per Disposition

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