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(영문) 대법원 2018. 02. 13. 선고 2017두68721 판결
피상속인이 관리한 차명계좌에서 인출된 금액은 피상속인의 재산임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-3986 ( October 10, 2017)

Title

The amount withdrawn from the borrowed account managed by the decedent shall be the property of the decedent.

Summary

It is reasonable to see that the borrowed name account managed by the decedent is owned by the decedent, and it is insufficient to recognize that the borrowed name account is the account of the LL or that the decedent was entrusted with the management of the funds by the LL.

Related statutes

Article 15 of the former Inheritance Tax and Gift Tax Act / [Presumption of Inheritance of Property Disposed before the date of commencement of inheritance]

Cases

2017Du68721, revocation of revocation of disposition imposing inheritance tax, etc.

Plaintiff

LLL outside2

Defendant

o Head of the tax office other than 1

Imposition of Judgment

February 13, 2018

Text

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but their arguments on the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, all of the appeals are dismissed under Article 5 of the same Act. It is so decided

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