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(영문) 부산고등법원 2011. 10. 21. 선고 2011누1078 판결
상속재산가액의 시가를 매매사례가액으로 보고 과세한 처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Busan District Court 2010Guhap2617 ( October 21, 2011)

Case Number of the previous trial

Cho High Court Decision 2010Nu2128 (2010.07)

Title

Any disposition that is imposed on the market price of the inherited property is legitimate.

Summary

The value of inherited property shall be based on the market price as of the commencement date of inheritance, and where there is a transaction fact in the relevant property within 6 months before or after the record date of appraisal, in principle, the transaction value is recognized as the market price, and the disposition taxable

Cases

2011Nu1078 Revocation of Disposition of Imposing Inheritance Tax

Plaintiff and appellant

Kim XX et al.

Defendant, Appellant

Head of North Busan District Tax Office

Judgment of the first instance court

Busan District Court Decision 2010Guhap2617 Decided January 21, 2011

Conclusion of Pleadings

September 23, 2011

Imposition of Judgment

October 21, 2011

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of KRW 203,075,730 of inheritance tax imposed on the plaintiffs on May 4, 2010.

Reasons

The reason is the same as the part of the reasoning of the judgment of the court of first instance, and this is cited.

Therefore, the plaintiffs' claims shall be dismissed in its entirety due to the lack of the reasons, and the judgment of the court of first instance is just in conclusion, and the plaintiffs' appeals are dismissed in its entirety.

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