[증여세등부과처분취소][집27(1)행,5;공1979.5.15.(608),11778]
In the case of title trust, whether it shall be deemed as a donation under Article 32-2 of the Inheritance Tax Act because there is no registration under Article 3 of the Trust Act.
The so-called title trust to be transferred only in the name of ownership cannot be deemed as a trust under the Trust Act under Article 1(2) of the Trust Act. Thus, the title trust cannot be deemed as a donation under Article 32-2 of the Inheritance Tax Act, unless it is registered pursuant to the provisions of Article 3 of the Trust Act.
Articles 32-2 and 34-4 of the Inheritance Tax Act, Articles 1(2) and 3 of the Trust Act
[Defendant-Appellee] Plaintiff 1 et al.
Racing Head of the Tax Office
Daegu High Court Decision 77Gu113 delivered on September 7, 1978
The appeal is dismissed. The costs of appeal are assessed against the defendant.
The grounds of appeal Nos. 1, 2, and 3 of the defendant litigation performer are also examined.
According to the reasoning of the judgment of the court below, the non-party purchased the above land and cultivated it to that of the above non-party on the ground that he would depend only on the above non-party's living together with the above non-party, and returned his cultivation right to the above land from his birth on June 4, 1976, and in order to see that they sold it to others, the non-party's ownership was transferred to the plaintiff before his temporary high-income bracket, and formed a notarial deed with the title transfer registration under the name of the plaintiff and transferred the title to the plaintiff, and the plaintiff who is the trustee shall not dispose of the land at any time on the ground that the title of the above land was the title of the non-party, and the plaintiff shall not be deemed to have been subject to an agreement to return the title of the above land to the plaintiff at the same time upon the termination of the trust agreement, and therefore, the court below's determination that the above title transfer of the above land cannot be deemed to have been a real trust relationship between the plaintiff and the non-party's trust property under the title trust law.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Young-young (Presiding Justice)