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(영문) 대법원 2018. 04. 26. 선고 2018두31443 판결

(심리불속행) 원고 명의로 체결된 쟁점 보험계약의 보험료가 남편의 자금으로 납입되었다는 사정만으로 증여사실이 인정될 수 있는지[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu64912 ( December 19, 2017)

Title

(A) Whether the fact of donation can be recognized solely on the ground that the premium of the insurance contract to be entered into under the name of the Plaintiff was paid with the husband’s funds

Summary

(The main point of the judgment of the court below is that it is difficult to view that the Plaintiff’s husband’s share of the key money to be donated to the Plaintiff. It is difficult to view that the Plaintiff’s share of the key money was donated to the Plaintiff solely on the ground that the insurance premium of the

Cases

2018Du31443 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellee

AA

Defendant-Appellant

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2017Nu64912 Decided December 19, 2017

Imposition of Judgment

April 26, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of