[증여세부과처분취소][공1986.3.1.(771),399]
The meaning of trust property under Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981)
Trust property under Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981) refers to a trust property under Article 1(2) of the Trust Act, and does not fall under title trust.
Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981)
Supreme Court Decision 78Nu396 delivered on January 16, 1979, 82Nu121 delivered on October 12, 1982
Plaintiff-Appellee et al., Counsel for the plaintiff-appellant
Head of Sungbuk Tax Office
Seoul High Court Decision 85Gu225 delivered on August 27, 1985
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below held that the non-party 77,316 shares of 77,316,00 won in the amount of 77,316,00 capital increase and the non-party 1's acquisition of shares was not possible to recognize that the plaintiff received shares of this case 77,316 shares from the above non-party. In light of the records, the court below's above finding and determination of the court below is sufficiently pride and the trust property under Article 32-2 of the former Inheritance Tax Act (amended by Act No. 1231, Dec. 31, 1981), which was in force at the time of the enforcement of the trust act, refers to the trust property established pursuant to Article 1 (2) of the Trust Act, and does not fall under title trust, and it does not fall under the above case of a title trust, and thus, it cannot be applied to the plaintiff 1's acquisition of shares of this case.
There is no reason to discuss this issue.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-sik (Presiding Justice)