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(영문) 대구지방법원 포항지원 2018.09.06 2018가합164
구상금
Text

1. The Plaintiff:

A. Defendant B’s KRW 55,447,350 as well as 5% per annum from April 18, 2018 to September 6, 2018.

Reasons

1. Determination as to claims against Defendant B and C

A. Basic facts 1) The deceased E (hereinafter “the decedent”)

(2) The deceased on March 3, 2015, and the inheritor and the statutory inheritance portion of the deceased on the inherited property are as follows: (a) the married couple having reported marriage with F and the two persons had their children. (b) The inheritee died on March 3, 2015.

Plaintiff A2/11 B/11, Defendant B 2/11, Defendant 3 D 2/11, Nonparty 3 D 2/11, Nonparty F 3/11, totaling KRW 13) The head of Gwangju Tax Office: (i) KRW 1,455,413,361 (i.e., KRW 258,347, KRW 258,327, Defendant D258,205, KRW 300, KRW 293,347,486, Defendant B258,205,30, and KRW 300 (hereinafter referred to as “instant inheritance tax”).

(4) On October 31, 2016, the decedent and co-inheritors, including the Plaintiff, notified of the inheritance tax amount and co-inheritors to be paid by inheritor. The Plaintiff paid KRW 258,347,320 corresponding to his share of the inheritance tax of this case on October 31, 2016. (4) At the time of the death of the decedent, the decedent owned the Dong-gu Gwangju Metropolitan City G land and its ground buildings (hereinafter “instant real estate”). However, on June 20, 2017, the Republic of Korea completed the registration of transfer of ownership in the name of the decedent, including the Plaintiff, due to the inheritance of the property as of March 3, 2015.

5) The head of the Gwangju Tax Office is the inheritance tax and the additional charge for the inheritance tax to be borne by co-inheritors other than the Plaintiff (hereinafter referred to as “ residual inheritance tax, etc.”).

Around June 22, 2017, the instant real estate was seized, and around November 15, 2017, KRW 1,413,817,470 of the instant real estate was sold by public auction and disposed of as remaining inheritance tax, etc. [based on recognition] Nos. 1 through 5 (including a serial number).

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