[증여세부과처분취소][공1985.12.15.(766),1576]
Whether the legal fiction of donation of title trust property pursuant to the provisions of Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981) is made
Inasmuch as the so-called title trust transferred only in the name of ownership cannot be deemed a trust under the Trust Act pursuant to Article 1(2) of the Trust Act, even if it was not registered, registered, indicated, or indicated pursuant to Article 3 of the Trust Act, it cannot be deemed that such property was donated to the trustee pursuant to Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981).
Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981); Articles 1(2) and 3 of the Trust Act
Supreme Court Decision 82Nu9 delivered on June 22, 1982, 83Nu42 delivered on August 23, 1983
Plaintiff
Head of Yongsan Tax Office
Seoul High Court Decision 84Gu1325 delivered on May 21, 1985
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
The legal fiction of trust property under Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981) which was in force at the time of the instant case is deemed to have been donated to the Plaintiff on the grounds that the truster is deemed to have donated the trust property on the date of registration, registration, indication, or entry of the trust property under the name of the trustee without registering or registering the trust property in the register of shareholders or the bond register, or without stating the share certificates and corporate bonds in the register of shareholders, and thus, the so-called title trust transferred only to the Plaintiff cannot be deemed to be a trust under the Trust Act under Article 1 (2) of the former Trust Act, and thus, it cannot be deemed that the above decision of the court below was unlawful in the misapprehension of the legal principles or the purport of imposition of shares under the above Article 32-2 of the former Inheritance Tax Act, which is a disguised share of the Plaintiff at the time of the said establishment of the above company under the premise that the above shares were transferred to the Plaintiff under the same title of the Plaintiff.
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.
Justices Kim Young-ju (Presiding Justice)