[증여세부과처분취소][공1983.10.15.(714),1430]
Whether the shares held in title trust not stating the trust property can be deemed to have been donated to the trustee (negative)
The so-called title trust that only the name of ownership is transferred is not a trust under the Trust Act, and even if the fact that is a trust property is not registered or registered, it cannot be deemed that it was donated to the trustee. Thus, if shares are registered in another person’s name without prior approval or consent in order to obtain tax benefits in the increase of capital, if shares are registered in the name of the third person, it cannot be deemed that the shares were donated or the trust was established
Articles 1(2) and 3 of the Trust Act, Article 32-2 of the Inheritance Tax Act
Supreme Court Decision 82Nu9 Decided June 22, 1982
Plaintiff
The Director of the Korean Tax Office
Seoul High Court Decision 82Gu264 delivered on December 30, 1982
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal are examined.
In the event that a trust property as provided for in Article 32-2 of the Inheritance Tax Act, which was in force at the time of this case, was established in a trust for the property, the truster shall be deemed to have donated the trust property under the name of the trustee on the date when the trust property was registered, registered, indicated, or entered in the register of shareholders or the register of bonds, without registering or registering the fact that the trust property is a trust property, or not indicated in the register of shareholders or the register of bonds with respect to share certificates and bonds, and the so-called title trust transferred only in the name of ownership shall not be deemed a trust under the Trust Act under Article 1(2) of the Trust Act, and even if it was not registered, registered, indicated, or indicated, it shall not be deemed that the property was donated by Article 32-2 of the above Trust Act (see Supreme Court Decision 82Nu9, Jun. 22, 1982). According to the court below's decision, the court below did not err in the misapprehension of legal principles as to the Plaintiff's share increase in the name of this case, which the Plaintiff's shares were distributeded under the above.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Chang-chul (Presiding Justice)