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(영문) 대법원 2017. 12. 21. 선고 2017두59710 판결
(심리불속행) 상증세법 시행령 제26조 제8항은 무효라고 볼 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-69293 ( August 11, 2017)

Title

Article 26 (8) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall not be deemed null and void.

Summary

Article 26 (8) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act does not go against the principle of no taxation without law without exceeding the limit of delegated legislation.

Related statutes

Article 35 of the former Inheritance Tax and Gift Tax Act: Donation of Benefits from Transfer at Low Price and High Price

Cases

2017Du59710 Demanding revocation of Disposition of Gift Tax Imposition, etc.

Plaintiff

1. AA;

2. BB

Defendant

1. The director of theCC;

Imposition of Judgment

December 21, 2017

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the judgment of the court below and the records of this case were examined, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or are recognized to be groundless. Thus, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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