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(영문) 대법원 2018. 12. 14. 선고 2018두56183 판결

(심리불속행)주식등변동상황명세서 제출일을 증여의제일로 볼 수 있는지 여부[국승]

Case Number of the immediately preceding lawsuit

Daejeon High Court-2018-Nu-10406 ( August 23, 2018)

Title

Whether the date of submission of detailed statement on the state of fluctuation of stocks can be deemed the date of deemed donation.

Summary

(1) In the case of a title trust of shares, if there is no list of shareholders, the date on which the statement of changes in stocks is submitted shall be deemed as the date of deemed donation, and since the amount of taxation is within the scope of legitimate tax

Related statutes

Article 45-2 of the Inheritance Tax and Gift Tax Act

Cases

2018Du56183 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

aa

Defendant-Appellee

The director of the tax office

Judgment of the lower court

Daejeon High Court 2018Nu10406 ( August 23, 2018)

Imposition of Judgment

December 14, 2018

Text

The appeal is 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 are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition