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(영문) 대법원 2014. 02. 27. 선고 2013두23034 판결
공동명의계좌에 있는 돈은 특별한 사정이 없는 한 공동명의자간 준합유 또는 준공유관계에 있음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu4912 ( October 18, 2013)

Title

Unless there are special circumstances, any money in the joint name account is in quasi-joint-ownership or completion-ownership relationship among the joint names.

Summary

(Dismissal of 1/2 of the money in a joint name account is owned by 1/2 of the money in a joint name account, unless there are special circumstances to the contrary, since only some of the co-owners contribute money to the joint account cannot be deemed as the account holder of the joint name, and the money in the joint name account is in a quasi-joint-joint-ownership or completion-ownership relationship, barring special circumstances.

Related statutes

Article 47 of the Inheritance Tax and Gift Tax Act

Cases

2013Du23034 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellee

United StatesA

Defendant-Appellant

The Director of Gangnam District Office

Judgment of the lower court

Seoul High Court Decision 2013Nu4912 Decided October 18, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of

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