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(영문) 대법원 2018. 07. 12. 선고 2018두40379 판결

처분대금을 귀속시킨 것을 가지고 반환하였다고 볼 수 없음[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-73473 (Law No. 14, 2018)

Title

not be deemed to have returned the proceeds of the disposition with the possession of such proceeds

Summary

(In the instant stock title trust, the purpose of tax avoidance exists in the instant stock title trust, and in the case of return by the deadline for filing a return, it cannot be deemed that the stocks themselves were returned with the return of the disposal price.

The contents of the judgment are the same as the attachment.

Cases

2018Du40379 Disposition of revocation of Disposition of Gift Tax Imposition

Plaintiff

South**00 4

Defendant

000 Other 4

Imposition of Judgment

December 2, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

Examining the judgment of the court below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, all appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices

July 12, 2018