[증여세부과처분취소][공1987.5.15.(800),735]
In the case of an owner title trust, whether the provision on deemed donation under Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981) is applied.
Inasmuch as the so-called title trust transferred only in the name of ownership cannot be deemed a trust under the Trust Act as stipulated in Article 1(2) of the Trust Act, even if it was not registered pursuant to Article 3 of the Trust Act, it cannot be deemed that such property was donated pursuant to Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474, Dec. 31, 1981).
Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981); Article 3 of the Trust Act
Supreme Court Decision 83Nu192 Decided July 26, 1983
[Defendant-Appellee] Plaintiff 1
The director of the tax office.
Seoul High Court Decision 84Gu705 decided April 9, 1985
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
In light of the records, even if the plaintiff completed the registration of transfer of ownership of the forest of this case, it is difficult to recognize the fact that the plaintiff donated the forest of this case from the non-party Chang Chang Tourism Co., Ltd., such as the defendant's head, and the court below's disposition that recognized that the plaintiff was in title trust from the non-party who is the actual shareholder of the above company, as the plaintiff's punishment is not erroneous in the rules of evidence against the rules of evidence such as theory of lawsuit. Meanwhile, in case where the trust property as provided in Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981), which was in force at the time of the above transfer of ownership, was established a trust on the property, the trust property registered in the name of the trustee shall be deemed to have been donated to the trustee on the day when the registration was made, and the title transfer of the ownership shall not be deemed to have been a trust under Article 1 (2) of the Trust Act, and it shall not be deemed to have been unlawful in accordance with Article 328-2 of the above Act.
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.
Justices Choi Jae-ho (Presiding Justice)