Seoul High Court 2013Nu5922

Evaluation of debts deducted from inherited property;

It is reasonable to view that the obligation deducted from the Plaintiff’s inherited property is not 6.60 million won by deeming that the property of this case was sold to AA in 80 million won, and that the obligation to be deducted from the deceased’s inherited property was 80 million won, and that it was 80 million won, not 6.6 billion won.

Article 14 of the Inheritance Tax and Gift Tax Act

2014Du2171 Revocation of Disposition of Revocation of Inheritance Tax Imposition

HongA, eb

Head of Suwon Tax Office

Seoul High Court Decision 2013Nu5922 Decided December 27, 2013

May 29, 2014

The judgment of the court below is reversed.

The judgment of the first instance shall be revoked, and the lawsuit of this case shall be dismissed.

All costs of the lawsuit shall be borne by the defendant.

Judgment ex officio is made.

According to the records, on March 28, 2014, after filing the instant final appeal in accordance with the purport of the lower judgment, the Defendant revoked ex officio the part exceeding KRW 706,640,240 of the instant disposition, and further revoked ex officio the part exceeding KRW 702,86,380, out of the remaining disposition revoked as of April 7, 2014. Therefore, the instant lawsuit seeking revocation of the part exceeding KRW 702,86,380, among the instant disposition, was invalid, and became unlawful as there was no benefit of lawsuit.

Therefore, the judgment of the court below shall be reversed, and since this court is sufficient to directly judge this case, the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, and the total costs of the lawsuit shall be borne by the defendant. It is so decided as per Disposition by the assent of all participating