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(영문) 대법원 2015. 07. 10. 선고 2015두40866 판결
(심리불속행)상속세 및 증여세법상 회수불능채권의 회수불능 평가기준일은 증여일 현재임.[일부국패]
Case Number of the immediately preceding lawsuit

Gwangju High Court ( Jeju) 2014Nu47

Case Number of the previous trial

Seoul High Court Decision 2013No. 33

Title

(C) The evaluation base date of the non-collectionable claims under the Inheritance Tax and Gift Tax Act shall be the date of donation.

Summary

(2) Even if the existence of the debtor's insolvency after the summary is objectively apparent, the assessment of the non-collectionable claims under the Inheritance Tax and Gift Tax Act shall be based on the date of the donation.

Related statutes

Articles 60(1) and 63(1) of the Inheritance Tax and Gift Tax Act

Cases

Supreme Court Decision 2015Du40866 Decided gift tax

Plaintiff-Appellant

The AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Gwangju High Court ( Jeju) 2014Nu47

Imposition of Judgment

July 10, 2015

Text

All appeals and supplementary appeals are dismissed.

The costs of appeal and the incidental costs of appeal shall be borne by the appellant and the incidental appellant respectively.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, all appeals and supplementary appeals are dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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