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(영문) 서울행정법원 2019.04.12 2018구합74853
상속세등부과처분취소
Text

1. Of the instant lawsuits, Plaintiff A, B, C, D, E, F, G, and H are dismissed, respectively.

2. The plaintiff I's claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiffs are the successors or substitute successors of the deceased J (the deceased’s death on December 24, 2013, hereinafter “the inheritee’s household system”) and the deceased’s family system are as shown in attached Form 1).

Plaintiff

A, B, C, and D are children of the deceased K (the deceased on February 9, 2012) and the deceased LA (the deceased on August 23, 2006), whose spouse is the deceased, and Plaintiff E, F, G, and H are children of the deceased’s net M (the deceased on November 5, 1996) and the deceased N (the deceased on June 6, 2010), whose spouse is the deceased’s mother. Plaintiff I is the deceased’s mother.

B. On January 2014, the Plaintiffs visited the branch office of the Plaintiff, a principal bank of the inheritee (hereinafter “O”) and requested the confirmation of inherited property. However, the staff in charge of O did not indicate the resident registration number of the mother in the family relations register of the inheritee, and M (O in the N’s family register that is the spouse) among the siblingss of the inheritee was born, on the ground that the name of the Plaintiff, who is the father and father of the deceased, was different from that of the siblings (S in the Yellow Seado Island T and U), and rejected it on the ground that it was unclear whether the Plaintiffs were the true inheritor.

C. Accordingly, the Seoul Family Court rendered a decision on June 26, 2014 to add P’s name, date of birth, resident registration number, and the principal to the family relation registry of the deceased by the Seoul Family Court (Seoul Family Court Decision 2014No. 2517, Jun. 26, 2014). The Seoul East District Court (Seoul East District Court Decision 2014No. 1455, Aug. 4, 2014) issued a decision to correct N’s name and the former name to theO, but theO submitted a decision to correct N’s name and the former name. However, on January 9, 2015, theO made a final deposit for heir’s deposits with respect to the deposits of the deceased.

The Plaintiffs indicated the list of property as indicated in [Attachment 2] on March 11, 2015, and pay the insurance money or deposits that were owned by the inheritee against O, V, W, and X, with respect to the confirmation of the right to withdraw the said deposit, and delivery of Y, which was owned by the inheritee.

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