Whether a deposit included in the value of inheritance taxation is a borrowed account of the inheritee;

According to the circumstances leading up to the opening of the instant deposit account, the details of the use of the deceased’s seal impression, the manager of the account, and the source of account funds, etc., which can be known from the facts of recognition, the said account appears to be the

Article 7 (Scope of Inherited Property)

1. On May 8, 2004, the part of the inheritance tax imposition disposition of KRW 7,482,421,268, which the Defendant imposed on the Plaintiffs and Nonparty Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, and Gak○, is revoked.

2. The plaintiffs' remaining claims are all dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

On May 8, 2004, the disposition of joint tax payment of KRW 7,482,421,268 against the plaintiffs and the non-party Kim○, Kim○, Kim○, Kim○, Kim○, and Gak○ is revoked.

1. Details of the disposition;

A. The Plaintiff Han-○○○ reported and paid the inheritance tax amount of KRW 2,759,491,650 on September 30, 2002 with the deceased’s wife, the Plaintiff Kim○, Kim○, Kim○, and Kim○, Kim○, Kim○, and Kim○○, a child of the deceased. The deceased’s heir reported and paid the inheritance tax amount of KRW 10,432,880,096 on September 30, 2002 with the inheritance tax of KRW 10,432,880,09.

B. For the following reasons, the Defendant, on May 8, 2004, deemed that the following property was included in the inherited property, determined and notified to the inheritor a total of KRW 11,568,497,920 as inheritance tax, and subsequently corrected the amount of KRW 10,430,051,747 as inheritance tax (reduction of KRW 1,138,446,174).

(1) 36 accounts in the name of 46 persons, such as Plaintiff Han-○, etc. (the balance of 14,428,785,113) opened in ○○ integrated financial company (hereinafter referred to as “○○○○○”). Since the account is a borrowed account of the deceased, 10,764,080,438 won (the balance of 10 persons in money) was recognized as the funds of Plaintiff Han-○○, etc.

(2) Of the shares of ○○○○ Co., Ltd. (hereinafter referred to as “○○○”), 750 shares (the price per share of September 30, 200, 150 shares (the 841,926 won per share of September 30, 200, hereinafter referred to as “the shares of 150 shares), acquired from 150 shares (the 200 shares acquired from ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○)

(3) As of the commencement date of the inheritance, 800 shares of ○○○○○ (the father of YO) in the name of Nonparty 1, 300 shares of YO○○, and 100 shares out of 300 shares of YO○○’s shares (except for 200 shares recognized as prior donation) are shares of the deceased’s name, and thus, shares of 900 shares in the aggregate (hereinafter “second shares of this case”).

(4) 3,160 shares of ○○ Construction Co.,, Ltd. (hereinafter referred to as “○○ Construction”) in the name of 12 persons, including Nonparty Kim○, etc. as of the commencement date of inheritance, are the borrowed-name shares of the deceased. Thus, the above shares (the price of 62,510 won per share, March 30, 2002; hereinafter referred to as “three shares”).

C. On June 2, 2006, the plaintiffs filed a request for a trial with the National Tax Tribunal. On June 2, 2006, the National Tax Tribunal decided that KRW 3,370,879,587 out of KRW 10,764,080,438, the Defendant’s deposit in the deceased’s name account will be the Plaintiff’s ○○ Fund, and 3,361,142,366 out of the above money (the amount recognized was KRW 3,370,879,587, but the sum of KRW 9,737,221,00 in the name of Kim○-○, but omitted KRW 3,737,420,260 in the taxable amount of inheritance tax, and accordingly, the Defendant reduced the amount of inheritance tax on June 23, 2006 to KRW 7,428,421,286,268.

D. Meanwhile, on May 28, 2004, the plaintiffs submitted an application for permission to pay inheritance tax by annual installments to the defendant. On February 23, 2005, the plaintiffs permitted to pay annual installments.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 20, the purport of the whole pleadings

2. Judgment on the legality of the disposition

A. The plaintiffs' assertion

(1) The Defendant’s deposit account in an amount equivalent to KRW 7,385,619,063 (hereinafter “the instant deposit account”) in the name of 18 persons, which is added to the taxable amount of inheritance taxes, in view of the deceased’s borrowed name account, is owned by Plaintiff Han-○.

(2) The instant shares 1 and 2 are the Plaintiff’s shares or borrowed-name shares (in the first written complaint, all of the said shares are the actual owners, and even if not, the Plaintiff Han-○, a chronic representative director, claimed that the title trust was placed on the part of the Plaintiff Han-○).

(3) The three shares of this case are the actual owner of the title holder.

(4) The National Tax Tribunal decided that KRW 3,370,879,587 out of KRW 10,764,080,438 of the Plaintiff’s deposit ○○○○○○ in relation to the Plaintiffs’ request for a trial, but in the order of the decision, it found only KRW 3,361,142,366 of the deposit in the name of Nonparty ○○○○○○.

(5) All of the instant shares were unlisted shares, and the price of the instant shares was assessed differently, even if they were shares of the same company. The instant shares were assessed as KRW 91,458 per share price.

(6) In addition to the basic additional tax of KRW 571,229,556, the Defendant imposed the Plaintiffs a total of KRW 79,150,149,149, including KRW 227,920,59, and KRW 227,920,593. As to the amount lawfully applied for payment by annual installments, the Defendant cannot impose additional tax for the amount that was lawfully applied for payment by annual installments, and thus, the Defendant’s imposition of additional tax for the period until the payment by annual installments was finally permitted according

(b) Fact of recognition;

(1) In the case of ○○, the number of shares issued is 5,000 shares, capital of 50,000,000 shares, and in the case of ○○ Construction, the number of shares issued is 1,00,000 shares, capital of 1,00,000,000 won. The Plaintiff Han-○ was registered as the representative director of ○○○ from 1987 to 2003, and as the representative director of ○○ Construction from 1991 to 2003.

(2) The Defendant’s deposit account in this case, which was added to the taxable amount of inheritance taxes by deeming the deceased’s name account as the name account and added to the taxable amount of inheritance taxes, the name deposit account holder, and the transaction seal stamp used for the opening of a passbook as shown in the attached Form 1. The funds in the deposit account were created from the deceased and dry Construction or the deceased.

(3) As of December 31, 1999 and December 31, 2001, the shareholder details of ○○○ as of December 31, 2001 and the transfer details of ○○ on September 30, 200 are as shown in the shareholder details list of ○○.

(4) As of December 31, 2001, the details of shareholders of ○○ Construction as of December 31, 2001 are as shown in attached Table 3.

(5) The deposit account of this case is opened by the deceased in direct transaction with the ○○-type gold, and all matters related to the account management, such as deposit and withdrawal, have been exclusively in charge of the deceased. The account is mainly related to the monetary transaction between the deceased and the ○○ Construction.

(6) With respect to the shares of this case 1, Kim○-○ and Jeong Jong-○, in the course of the tax investigation, submitted a written confirmation confirming that the shares in the name of the deceased were the shares in the name of the deceased, and the leap○○ and Han-○, which recognized that the shares in the name of the deceased were the shares in the name of the deceased, but refused to submit a written confirmation. On the other hand, there is no report on capital gains tax regarding 300 shares acquired by the plaintiff Kim○○ (the birth of the plaintiff Kim○○

(7) As to the instant 2 shares, upon reporting the transfer income tax on the ○○ shares under one’s name, Ma○○ reported the transferee to the Plaintiff on February 10, 2003, on September 1, 2003, the transferee to the Kim○○, and on February 13, 2004, the transferee to the Plaintiff to the Kim○○, and on February 13, 2004, the Plaintiff again reported to the Plaintiff Han○○. In addition, the Plaintiffs expressed their intent to provide as security for tax payment by filing an application for permission for annual payment by annual installments of inheritance tax.

(8) In relation to the three shares of this case, the ○○○○, the wife of Kim○○, Han○○, Kim○, and Ansan○○, who was the wife of the instant three shares, submitted a written confirmation to the effect that the shares held in his name are the borrowed-name shares in the deceased’s name. The maximum ○○ transferred shares in his name on August 29, 2002, but the transfer price did not receive the said shares. The Plaintiffs expressed their intent to offer the said shares as security for tax payment upon filing an application for permission for annual payment of inheritance tax.

(9) The Defendant calculated the value of non-listed shares as KRW 7,534,731,810 in connection with the instant disposition of inheritance tax. The specific details are 62,510 in the value per share of ○○ Construction and determine the value of the inherited property as KRW 5,312,724,724,90 ($62,510 in the aggregate of KRW 84,990 in the value of the inherited property). For 2,700 in the instant disposition of inheritance tax, the Defendant assessed the value of the inherited property as KRW 822,97 in the value of 2,222,091,90 in the per share of 2,700 in the value of the inherited property ( KRW 5,312,724,90 in the instant disposition of inheritance tax and KRW 2,222,91,90 in the aggregate of KRW 7,534,816,80 in the instant disposition of inheritance tax.

(10) On the other hand, with regard to the imposition of additional dues, the Defendant calculated the period until May 6, 2004, prior to the date of the notice of payment of inheritance tax, and imposed the additional tax.

[Reasons for Recognition] Facts without dispute, entry in the evidence of Nos. 2 through 32 (including more than one number), the purport of the whole pleadings

C. Determination

(1) We examine the first and third arguments of the plaintiffs.

According to the circumstances leading up to the opening of the instant deposit account, the details of the deceased’s seal impression use, the manager of the account, and the source of account funds, etc., which can be known from the above facts of recognition, the said account appears to be the name account of the deceased. In addition, in light of the following: (a) the instant account related to ○○ Construction is the name account of the deceased; (b) the confirmation details in the course of the tax investigation by the nominal owners related to each of the instant shares; (c) the details of the report on transfer income and the receipt of the transfer money; and (d) the stocks that the plaintiffs want to offer as security for tax payment, each of the instant shares appears to be the name shares of the deceased; and (c) the testimony of the witness Kim○-○ is not believed. Accordingly, the Plaintiffs’ assertion on this part is unacceptable

(2) We examine the plaintiffs' fourth argument.

According to the above facts of recognition, the account equivalent to KRW 9,737,221 in the name of the non-party Kim Jong-○ is not the deceased's borrowed account, and the National Tax Tribunal has also made a decision and omitted it from the order. Therefore, the above amount should be excluded from the taxable value of inherited property. Accordingly, if the amount is deducted from the above amount, it should be deducted from the original inheritance tax amount as shown in the attached Table 4. As such, this part of the argument is with merit.

(3) We examine the plaintiffs' fifth argument.

According to the above facts and the statements of evidence Nos. 30 through 32 (including abnormal numbers), the evaluation of each of the shares of this case is calculated in accordance with the law, and it cannot be deemed unlawful. Thus, this part of the allegation is not acceptable.

(4) We examine the plaintiffs' fifth argument.

According to the above facts of recognition, the penalty tax against the failure of payment in this case was imposed only on the period before the application for permission for payment in annual installments, so this part of the assertion cannot be accepted.

3. Conclusion

Thus, the plaintiffs' claims are justified within the above scope of recognition, and the remaining claims are dismissed as they are groundless.

1. ○○ comprehensive financial account table;

No.

Name

Details of an application for opening an account (00 paper)

Balance of Deposits

Date

No.

Seal imprint

1

○ Kim

May 21, 1997

212030727

○ Kim

659,748,825

2

○ Kim

November 12, 2001

212168263

○ Kim

308,993,300

3

○ Kim

July 31, 2001

212149268

○ Kim

484,939,741

4

○ Kim

August 26, 1997

212035026

○ Kim

685,663,987

5

○ Kim

August 26, 1997

212035030

○ Kim

727,716,057

6

Han ○

November 30, 2001

212171482

○ Kim

385,783,329

7

○

December 21, 2000

212119868

○ Kim

160,946,394

8

○ Construction

March 31, 2001

212132020

○ Construction

187,096,292

9

○ Kim

December 20, 2001

212174503

○ Kim

364,389,955

10

○ Kim

December 21, 2000

212119871

○ Kim

456,880,534

11

Ma-○

December 30, 200

212121804

○ Kim

525,524,266

12

○ Kim

March 31, 2001

212132002

○ Kim

503,637,322

13

○ ○

July 4, 2001

21214485

○ Kim

456,711,431

14

○ Kim

January 9, 2002

212179785

○ Kim

244,881,017

15

○ Kim

November 12, 2001

212168232

○ Kim

370,496,957

16

○ Kim

January 9, 2002

212179771

○ Kim

253,591,074

17

○ Kim

January 9, 2002

212179768

○ Kim

253,591,074

18

○ Kim

January 9, 2002

212179821

○ Kim

355,027,508

Total

7,385,619,063

2. ○○ shareholder list;

A. Details of ○ shareholder on December 31, 1991

Stockholders

○ Kim

Han ○

○ Kim

○ ○

○ ○

○ Kim

Maap○

○ Kim

○ Kim

Ansan ○

○ Kim

Han ○

○ Kim

Ma-○

Number of Stocks

600

300

150

100

800

300

150

150

200

200

200

300

800

750

B. Details of the shareholders ○○ on December 31, 2001

Stockholders

○ Kim

Han ○

○ Kim

○ ○

○ ○

○ Kim

○ Kim

○ Kim

Number of Stocks

1,600

1,200

450

300

800

300

150

200

(c) Details of the movement of ○○ shares;

Classification

Name

With respect to the Deceased

Relation

4, 199

12. 31.

Number of Stocks

September 30, 200

Inheritance

202. 200

2. 31.

Number of Stocks

Details of confirmation as to whether borrowed stocks are shares;

Acquisition by transfer

Transfer

○ ○

Ministry of Gender Equality

100

200

300

On September 30, 200, by transfer from Kim○-○.

○ ○

private money;

800

3. Reporting on capital gains tax:

Maap○

Ministry of Gender Equality

150

150

Transfer to ○○ on September 30, 200

○ Kim

Easterns

200

200

on September 30, 200, transferred to Ma○○.

Han ○

Yong-Nam

300

300

Transfer to Han○ on July 31, 1988, to Han○○.

Han○○ Transfer to Kim○ on September 30, 2000

Ma-○

750

750

Transfer to ○○ on September 30, 200

3. A list of stock transfers in ○○ Construction.

Classification

Name

Deceased

Medical Service)

Relation

201.

12. 31.

Number of Stocks

August 29, 2002

202. 200

3. 30.

202. 200

12. 31.

Number of Stocks

Details of confirming whether the borrowed name shares are shares;

Transfer

Acquisition by transfer

Inheritance

○ Kim

5,245

5,245

Submission of Certificate

Han ○

916

916

Requests for Vindication

○ Kim

Easterns

6,675

6,675

Submission of Certificate

○○*

2,665

2,665

Requests for Vindication

○○*

1,668

1,668

Submission of Certificate

○ ○

Fraudulent

3,250

3,250

Ma-○

3,416

3,416

○ Kim

1,170

1,170

○ ○

490

490

Han ○

Yong-Nam

2,665

2,665

Ma○○*

2,500

2,500

○ ○

2,500

2,500

Receipt of Transfer Price

Total

3,160

○ Kim

51,830

Han ○

5,000

○ Kim

2,500

○ Kim

6,850

○ Kim

660

* Death before December 31, 2001

4. Details of calculation of inheritance tax amount;

Classification

10 10

Resolution

(D) Reduction of evidence

Value of the inherited property

21,866,905,591

21,857,168,370

-9,737,221

Total amount of inheritance tax deduction;

3,108,779,323

3,108,779,323

0

Tax Base System

18,758,126,268

18,748,389,047

-9,737,221

United States

withdrawal

tax

Amount

Tax Rate

50%

50%

0

calculated tax amount

8,919,063,134

8,914,194,523

-4,868,611

Omission of a household:

0

Amount of calculated tax;

8,919,063,134

8,914,194,523

-4,868,611

Deferred tax amount on cultural properties

0

Gong

S.

tax

Amount

Tax credits;

0

Tax Credit (Foreign Payment)

0

Gift Tax Credit

129,895,912

129,895,912

0

Reporting Tax Credit

317,380,003

317,380,003

0

Amount of final tax

8,471,787,219

8,466,918,608

-4,868,611

(A)

United States

tax

Additional Tax on negligent tax returns

970,975,550

970,023,600

-951,950

Additional Dues

799,150,149

798,469,030

-681,119

Total final tax amount

10,241,912,918

10,235,411,238

-6,501,680

Voluntary Tax Amount

2,759,491,650

2,759,491,650

0

Original Decision-Notification Tax Amount

7,482,421,268

7,482,421,268

0

Amount of tax notified after deduction

0

-6,501,680

-6,501,680