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Reasons
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(영문) 서울행정법원 2019.01.16 2018구단11602
양도소득세부과처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. 1) B acquired the instant land: (a) on November 8, 1980, 13,785 square meters (hereinafter “instant land”) of Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

2) On July 20, 1998, D as the borrower and B, and as the borrower, “The above amount shall be paid in full (60,000,000 won). The loan period shall be until July 20, 1999, and if the above amount is not returned by the loan period, the loan period shall be until July 20, 199, and if the borrower does not refund the above amount, the loan certificate stating “the borrower shall be deemed to own the forest E (real estate) owned by Chungcheongnam-gun, Chungcheongnam-gun, the borrower shall be deemed to be D (hereinafter referred to as “related loan certificate”).

3) On May 10, 2001, D applied for the provisional attachment of the instant land as the secured claim by the repayment claim amounting to KRW 60,000,000 against B, Seoul District Court Branch Branch of Seoul District Court Decision 2001Kadan8236, and submitted the relevant loan certificates, etc. as evidence. On May 14, 2001, D accepted the said application and on May 14, 2001, D acquired the instant land from B on May 30, 2003.

B. The instant land transfer 1) After the death of D around July 6, 2010, F, G, H, and I (hereinafter “F, etc.”) as the inheritor of D.

(2) On May 29, 2014, the Seoul Southern District Court filed a lawsuit against B seeking the return of the loan and damages for delay as stipulated in the relevant loan certificate as Seoul Southern District Court Decision 2014Da29890. 2) In the instant case, B asserted the authenticity of relevant loan certificates and the existence of loan claims, but the said court rendered a judgment ordering a provisional execution accepting the said petition and the existence of loan claims on September 17, 2014. The said judgment of the first instance court rendered a judgment dismissing the appeal by Seoul Southern District Court 2014Na1128, and the appeal by the Supreme Court 2015Da26054 was finalized on August 31, 2015 pursuant to the judgment dismissing the appeal by the Supreme Court 2015Da26054.

In this case, the above case is claimed to return the loans.

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