주식 거래가 명의신탁재산의 증여의제에 해당하는지 여부[국승]
Whether the transaction constitutes a deemed donation of title trust property
The fact that the value of the property under title trust is deemed to have been donated to the actual owner on the date indicated in the register of shareholders by the nominal owner.
Donation of title trust property under Article 41-2 of the former Inheritance Tax and Gift Tax Act
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The decision of the first instance is revoked. The defendant's disposition of imposition of KRW 10,500,000 on January 5, 2005 against the plaintiff (the date of the disposition stated in the complaint's purport of claim seems to be a clerical error) is revoked.
The court's reasoning for this case is as follows: "The ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ KRW 10 million in total of KRW 11,00,000 won in total of KRW 5,000 in total of KRW 5,000 in total of KRW 7,5,000 in total of KRW 5,00,000 in total of KRW 2,3,5,8,9,000 in the first instance trial." The court's reasoning for this case is as follows: "The 6th ○○○○○○○○○○○○○○○○○○○○○○○..........
Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.