The case holding that the disposal price of inherited property shall not be subject to inclusion in the taxable value of inherited property under Article 7-2 (1) of the former Inheritance Tax Act because it is obvious that the wife of the disposal price of inherited property falls under the donated property before the commencement of inheritance and is subject to inclusion in the taxable value of inherited property under Article 4 (1) of the same Act.

The case holding that the disposal price of inherited property is not subject to inclusion in the taxable value of inherited property under Article 7-2 (1) of the former Inheritance Tax Act (amended by Act No. 4662 of Dec. 31, 1993), but it is subject to inclusion in the taxable value of inherited property under Article 4 (1) of the same Act because it is not subject to inclusion in the taxable value of inherited property under Article 7-2 (1) of the same Act, because it is obvious that the wife

Article 2(1) of the former Inheritance Tax Act (amended by Act No. 4662 of Dec. 31, 1993), Article 4(1) (see Articles 1(1) and 14(1) of the current Inheritance Tax and Gift Tax Act), Article 7-2(1) (see Article 15(1)1 of the current Inheritance Tax and Gift Tax Act), Article 18(3) (see Article 28(1) of the current Inheritance Tax and Gift Tax Act), Article 3(1)1 of the former Enforcement Decree of the Inheritance Tax Act (amended by Presidential Decree No. 14082 of Dec. 31, 1993) (see Article 11(2)1 of the current Inheritance Tax and Gift Tax Act), Article 2 of the Inheritance Tax and Gift Tax Act (see Article 11(2)2 of the current Inheritance Tax and Gift Tax Act)

Supreme Court Decision 92Nu10197 Decided October 9, 1992 (Gong1992, 3164) Supreme Court Decision 95Nu15285 Decided November 29, 1996 (Gong1997Sang, 235) Supreme Court Decision 9Du1540 Decided May 11, 1999

Plaintiff 1 and five others

Head of Public Tax Office

Supreme Court Decision 99Du1540 Delivered on May 11, 1999

Daejeon High Court Decision 99Nu514 delivered on December 24, 1999

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Daejeon High Court.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below determined on August 28, 1989 that the deceased non-party (hereinafter referred to as "the deceased non-party") who is the deceased's predecessor (hereinafter referred to as "the deceased non-party") sold the land of this case owned by the deceased for KRW 3,053,080,000 on August 8, 199 and received KRW 8,000,000 in total on September 16, 1990, as the representative director, Red Tourism Industry Co.,, Ltd. (hereinafter referred to as "Seman Industries"), 1, as the deceased non-party 6, as the deceased non-party 1, as the deceased's predecessor, 00,000 won for the above 70,000 won for the real property of the deceased non-party 1,60,000 won for the above 7,000,000 won for a loan of 10,700,000 won for the above real property.

However, Article 4(1) of the former Inheritance Tax Act provides that the value of the property donated by an ancestor to his heir within five years prior to the commencement of the inheritance in cases falling under the provisions of Article 2(1) shall be the taxable amount of inheritance taxes after deducting the amount under the following subparagraphs from the value of the property donated by the ancestor to a person other than his heir within three years prior to the commencement of the inheritance. Article 7-2(1) provides that where the ancestor disposes of the inherited property within two years prior to the commencement of the inheritance, such amount shall be calculated as 10 million won by category of the inherited property and the objective use of the inherited property is unclear, which shall be included in the taxable amount under Article 4. Article 7-2(1) of the former Inheritance Tax Act. In such cases, where the amount by category of the inherited property disposed of by an ancestor exceeds 100 million won within 2 years prior to the commencement of the inheritance tax, it shall be deemed that the value of the property donated by the decedent exceeds 100,000 won by donation or inheritance to the heir, etc. This is merely a legitimate cause of the inheritance tax amount of 30.

Nevertheless, the court below excluded all of the above 673,10,000 won from the taxable amount of inheritance taxes solely for the reasons stated in its reasoning. Thus, the court below erred by misapprehending the legal principles on the scope of property to be included in the taxable amount of inheritance taxes, which led to failure to exhaust all necessary deliberations.

The ground of appeal pointing this out is with merit.

Therefore, the part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the lower court for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jin-hun (Presiding Justice)