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(영문) 대법원 2016. 01. 14. 선고 2015두53459 판결
(심리불속행) 피상속인이 회사를 위하여 은행에 부담한 보증채무의 상속재산가액 공제여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Nu-6501 (2015.02)

Case Number of the previous trial

Examination Inheritance 2013-0015 ( October 24, 2013)

Title

(1) Whether the value of the inherited property borne by the predecessor on behalf of the Bank shall be deducted.

Summary

(2) In the event that the debtor is liable as a surety for a third party at the time of the commencement of the inheritance, the debtor is in an insolvent state, so the debtor should not perform his obligation, and if it is deemed that there is no possibility of repayment even if the debtor exercises his right to indemnity against the debtor, it shall be deemed that the value of the inherited property will be deducted from the value of the inherited property.

Related statutes

Public charges, etc. deducted from the value of inherited property under Article 14 of the Inheritance Tax and Gift Tax Act;

Cases

2015Du53459 Revocation of Disposition of Revocation of Inheritance Tax Imposition

Plaintiff-Appellant

AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court 2014Nu6501 (2015.09.02)

Imposition of Judgment

on 14, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, 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, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

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