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(영문) 대법원 2010. 08. 19. 선고 2010두9006 판결

명의신탁 후 양도한 주식을 증여로 보아 과세한 처분의 당부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu24728 (Law No. 23, 2010)

Case Number of the previous trial

early 2007west5041 (2008.06.30)

Title

The propriety of the disposition imposing the stocks transferred after title trust deemed as a gift;

Summary

A title trust under the name of an employee at the time of capital increase and a transfer of shares to a person with a special relationship under formal procedures constitutes donation.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent