Case Number of the immediately preceding lawsuit
Suwon District Court-2015-Gu Partnership-1060 ( October 18, 2016)
Case Number of the previous trial
Early High Court Decision 2013-China-4351 ( October 27, 2014)
Title
No debt borrowed under the name of the heir shall be deducted as an inherited debt without any special supporting material.
Summary
(1) A debtor for a loan is a claimant, barring any special circumstance, the loan shall not be deducted as an inheritance obligation, such as where the debtor fails to produce evident evidence to prove that the debtor is a debtor's obligation to be borne by the claimant, and where the predecessor actually uses it.
Related statutes
Public imposts, etc. deducted from the value of inherited property under Article 14 of the Inheritance Tax and Gift Tax Act;
Cases
Seoul High Court 2016Nu3836 Inheritance Tax Reduction and Correction Disposition
Plaintiff and appellant
o
Defendant, Appellant
o Head of the tax office
Judgment of the first instance court
Suwon District Court Decision 2015Guhap1060 Decided February 18, 2016
Conclusion of Pleadings
August 18, 2016
Imposition of Judgment
September 8, 2016
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of KRW 105,870,570 against the plaintiff on August 4, 2014.
Reasons
1. Quotation of judgment of the first instance;
This court's reasoning is identical to the reasoning of the first instance court's decision, except where "Presidential Decree No. 26059," No. 4, 19 and 7, No. 12, "Presidential Decree No. 26069," respectively. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.
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