logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2012. 06. 14. 선고 2012두5077 판결
(심리불속행) 장남이 상속받은 부동산을 차남에게 증여한 것으로 증여세 과세는 적법함[국승]
Case Number of the immediately preceding lawsuit

Busan High Court 201Nu2507 (2012.02.01)

Case Number of the previous trial

Cho High Court Decision 2010Da3928 ( December 31, 2010)

Title

(C) If the property inherited to South Korea is donated to the next South Korea, the gift tax imposition is legitimate.

Summary

(Summary) The obligation to support the mother is a moral, courtesy, and non-property obligation, and it is difficult to view that the obligation to support the mother is merely a moral, courtesy, and non-property obligation, and it is difficult to view it as a counter-performance in the relationship with the transfer of ownership of land or a burden of legal performance, and thus, it cannot be recognized that the South-Nam donated real estate inherited

Cases

2012Du5077 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

Park XX

Defendant-Appellee

Head of Central Tax Office

Judgment of the lower court

Busan High Court Decision 2011Nu2507 decided February 1, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but 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. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

arrow