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(영문) 서울고등법원 2011. 06. 29. 선고 2011누527 판결

담보제공은 금전대출에 관한 신용을 공여받은 것으로 증여에 해당하나 증여재산가액을 산정할 자료가 없어 부과처분을 전부 취소함[국패]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2010Guhap9167 ( November 26, 2010)

Case Number of the previous trial

early 209west2738 ( November 23, 2009)

Title

The provision of security shall be revoked in its entirety because it has been granted credit for monetary loans, but it falls under the donation, but there is no data to calculate the value of donated property.

Summary

(1) If the father (as with the judgment of the court of first instance) enables the children to obtain a loan by taking his own term deposit as security, the father’s credit was granted for the loan of money by allowing the children to use the security value of the term deposit for a certain period, and constitutes a donation of profits from the provision of services, but the disposition of imposition is revoked in full as there is no data to calculate the value

Related statutes

Article 2(3) of the Inheritance Tax and Gift Tax Act;

Article 31(1) of the Inheritance Tax and Gift Tax Act

Cases

2011Nu527 Revocation of Disposition of Imposition of Gift Tax

Plaintiff, Appellant

Gyeong-gu

Defendant, appellant and appellant

○ Head of tax office

Judgment of the first instance court

Seoul Administrative Court Decision 2010Guhap9167 Decided November 26, 2010

Conclusion of Pleadings

June 1, 2011

Imposition of Judgment

June 29, 2011

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s imposition of each gift tax on March 3, 2009 against the Plaintiff is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

The reasons for this court ruling are as follows: Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the first instance is justifiable. The plaintiff's appeal is dismissed.