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(영문) 서울고등법원 2016. 12. 23. 선고 2016누32604 판결
 쟁점 토지의 가치가 증가한 것을 타인의 기여에 의한 재산가치의 증가라고 평가할 수 없음[국패]
Case Number of the immediately preceding lawsuit

Suwon District Court-2014-Guhap-58519 ( December 09, 2015)

Title

al n7f l7f x7f l x7f l x76 lg x76 lg x76 lg lg x76 lg x76 lg lg x76 lg lg x76 lg x76 lg lg x76 lg x76 lg lg x76 lg lg x76 lg x76 lg x76 lg x76 lg x7f g g x76 g l

Summary

The increase in the value of the land at issue cannot be evaluated as an increase in the value of property by other person's contribution.

Related statutes

Article 2 of the Inheritance Tax and Gift Tax Act (Gift Tax Taxables)

Cases

Seoul High Court-2016-Nu 32604 Disposition revoking disposition imposing gift tax

Plaintiff and appellant

AA

Defendant, Appellant

O Head of tax office

Judgment of the first instance court

Suwon District Court Decision 2014Guhap58519 Decided December 09, 2015

Conclusion of Pleadings

December 1, 2016

Imposition of Judgment

December 23, 2016

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The judgment of the first instance court shall be revoked. On June 3, 2013, the imposition of the gift tax by the Defendant against the Plaintiff shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

This judgment is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act

2. Conclusion

Therefore, the plaintiff's claim shall be accepted with due reasons, and the judgment of the court of first instance shall be just and the defendant's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.

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