logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2011. 04. 06. 선고 2010누21107 판결
상속재산가액에서 공제할 상속채무[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2009Guhap9766 ( October 10, 2010)

Case Number of the previous trial

Early High Court Decision 2008J 4144 (Law No. 22, 2009)

Title

Inheritance obligations to be deducted from the value of inherited property;

Summary

The burden of proof of the existence of inheritance obligation is against the person liable to pay the tax, and the plaintiff claims that there is the obligation to return the deposit, but it is difficult to deem that there is the inheritance obligation because it is a joint rental business operator of the building between the decedent and

Cases

2010Nu21107 Revocation of Disposition of Levying Inheritance Tax

Plaintiff

Doz. Doz.

Defendant

O Head of tax office

Judgment of the lower court

Suwon District Court Decision 2009Guhap9766 Decided June 10, 2010

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of KRW 583,264,802 against the plaintiff on September 17, 2008.

Reasons

The reasons for the judgment of the court of first instance are reasonable, and therefore, it is cited by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In the instant appellate trial, the Plaintiff asserts that: (a) the obligation to refund the security deposit to the headB of KRW 500 million, and (b) the obligation to provide loans to 200 million to CC are included in the inheritance obligation; (c) the inheritance tax is calculated and imposed without deducting the amount of inherited property; and (d) the instant disposition imposing the inheritance tax was unlawful. However, even with respect to all evidence submitted during the instant appellate proceedings, it is insufficient to accept

Therefore, the plaintiff's appeal shall be dismissed as it is without merit.

arrow