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(영문) 대법원 2018. 06. 15. 선고 2018두36486 판결
상속형 즉시연금계약의 수익자의 지위와 더불어 그 실질상 ‘계약 해지에 따른 해지환급금을 받을 권리’ 또한 취득하였다 할 것임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2017Nu46846 ( October 24, 2018)

Case Number of the previous trial

Seocho 2015 Schedules 2175 (O15, 2016)

Title

In addition to the status of beneficiary of an inheritance-type immediate pension contract, the right to receive a refund upon termination of the contract is also acquired.

Summary

It is reasonable to view that the economic value was attributed to the Plaintiff even if the Plaintiff did not acquire the status of the contractor formally as of the date of donation, and that the immediate pension insurance of this case was not actually terminated at the date of donation does not change on the ground that the Plaintiff did not actually terminate the contract

Related statutes

Article 60 (Principles for Evaluation of Inheritance Tax and Gift Tax)

Article 62 (Appraisal of Right to Receive Periodical Payment)

Cases

2018Du36486

Plaintiff-Appellee

○ ○

Defendant-Appellant

head of Sung Dong Tax Office

Judgment of the lower court

Seoul High Court Decision 2017Nu46846 Decided January 24, 2018

Imposition of Judgment

June 15, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal do not include the grounds under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are without merit. Therefore, the appeal is dismissed under Article 5 of the same Act. It

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