[증여세부과처분취소][공1999.3.15.(78),495]
In case where the truster of the real estate trusted in title has donated the real estate to a third party without having the title of registration, the time of acquisition of the donated property (=the time of consent or approval by the trustee
In general real estate donation, the time of acquisition of donated property which is the time when the liability to pay gift tax is established shall be the time of registration of ownership transfer following the donation. However, in the case of a donation of real estate under title trust to a third party without keeping the title of registration, if the trustee becomes aware of such donation and consented or consented to the transfer of the status of the truster, and the status of the truster is succeeded to by the donee with the consent or consent, it is reasonable to view that the time when the trustee has given such consent
Article 29-2 (1) 1 of the former Inheritance Tax Act (amended by Act No. 4805 of Dec. 22, 1994) (see Article 4 (1) of the current Inheritance Tax and Gift Tax Act, Article 23 (1) of the Inheritance Tax and Gift Tax Act)
[Judgment of the court below]
The superintendent of the tax office
Seoul High Court Decision 97Gu23510 delivered on November 20, 1997
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
In general real estate donation, the time of acquisition of donated property, which is the time when a gift tax liability is established, shall be the time of registration for transfer of ownership following donation. However, when a truster of the trusted real estate has made a donation to a third party without keeping the title of registration, if the trustee becomes aware of the fact of the donation and has consented or consented to the transfer of the truster's status, and the status of the truster is succeeded, it shall be reasonable to view that the time when the trustee gave consent or consent is the time of acquisition
In the same purport, the court below is just in holding that the time when the plaintiff acquired donated property to the plaintiff when the non-party 1, his father, the deceased non-party 1, the title trust with the non-party 1 corporation in Youngdong market, and the part related to the land was donated to the plaintiff, and that the non-party company knew that the donation was made and consented to the transfer of the trust's status on April 21, 1994. There is no error in the misapprehension of legal principles as to the time of donation, as otherwise alleged in the ground of appeal, and it
The grounds of appeal cannot be accepted.
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 on the bench.
Justices Chocheon-sung (Presiding Justice)