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(영문) 서울고등법원 2016. 09. 08. 선고 2016누38336 판결
특별한 입증자료 없이 상속인 명의의 대출 채무를 상속채무로 공제할 수 없음[국승]
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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