Case Number of the immediately preceding lawsuit
Seoul High Court 2014Nu2906 (2014.09.30)
Case Number of the previous trial
Early High Court Decision 201J 1631 (OO 28, 2011)
Title
The portion of penalty tax is illegal because there is a justifiable reason for the neglect of inheritance tax liability.
Summary
In light of the following: (a) the Defendant was unable to clearly know whether it was a proximate causal relation with exposure to defoliants; and (b) without any particular error in failing to know, the Defendant’s declaration of inheritance tax in accordance with the guidance of the tax accountant and the fact that it reported non-taxation is recognized as justifiable
Related statutes
Inheritance Tax on the war dead, etc. under Article 11 of the Inheritance Tax and Gift Tax Act
Cases
2014du14068 Disposition of revocation of imposition of capital gains tax, etc.
Plaintiff-Appellant
-Appellee
1. AB 2.B 3. MediationCC
Defendant-Appellee
The director of the tax office shall correct the head of the tax office.
Judgment of remand
Supreme Court Decision 2012Du16275 Decided February 27, 2014
Judgment of the lower court
Seoul High Court Decision 2014Nu2906 Decided September 30, 2014
Text
All appeals are dismissed.
The costs of appeal are assessed against each party.
Reasons
The records of this case and the judgment of the court below and the appellate brief, and the appellate brief submitted by the plaintiff were examined. However, each appellant's grounds of appeal are not included in the grounds provided for in each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or are deemed to be groundless. Thus, all appeals are dismissed in accordance with Article 5 of the Act. It is so decided as per Disposition by the assent of all participating