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(영문) 대법원 2013. 10. 24. 선고 2013두14603 판결
(심리불속행) 부동산취득과 관련하여 금융계좌로 송금된 금원은 증여로 추정하는 것임[국승]
Case Number of the immediately preceding lawsuit

Busan High Court (Chowon) 2012Nu181 (Law No. 13, 2013)

Title

(Trial Disorder) The amount remitted to a financial account in connection with the acquisition of real property is presumed to be a donation.

Summary

(In the original instance) The plaintiff must prove that there are special circumstances, such as that the money was presumed to have been donated to the plaintiff and that it was made for other purpose than donation, since it was remitted from the summary of the financial account to the financial account of the plaintiff.

Related statutes

Article 31 of the Inheritance Tax and Gift Tax Act

Cases

2013Du14603 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

IsaA

Defendant-Appellee

Head of Changwon Tax Office

Judgment of the lower court

Busan High Court (Chowon) Decision 2012Nu181 Decided June 13, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The judgment of the court below and the appellate brief all of the records of this case, but the appellant's ground of appeal is not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or it is recognized that there is no reason. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by

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