The costs of appeal shall be borne by the plaintiff.

In the case of a donation of land, it is reasonable to view the time of acquisition of the property by donation under the Inheritance Tax Act as the time of transfer of ownership, barring special circumstances. Thus, as determined by the court below, if the plaintiff was donated the land at the time of original sale from the non-party on April 11, 1973 and completed the registration of ownership transfer based on donation under the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate on August 21, 1981, the extinctive prescription of the gift tax of this case is to be completed after the lapse of five months from the date following the date when three months elapsed since the date when the period of report under Article 20 of the Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981) was enforced at the time of original sale of the land.

In this view, the court below determined that the disposition of this case was made before the completion of the extinctive prescription, and thus rejected the plaintiff's assertion as to the extinctive prescription, and there is no error of law by misunderstanding the legal principles as to the starting point of the period of extinctive prescription like the theory

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 Shin Jong-chul (Presiding Justice)