2010 Heavy1219 (Law No. 22010, 2010)

The disposition imposing gift tax by deeming that shares were held in title trust is legitimate;

Although the plaintiff alleged that he has made a false statement or made a statement for the purpose of aiding criminal cases, it is not sufficient to recognize it, and it can be recognized that he has held a title trust of shares, gift tax

2010Guhap4739 Revocation of Disposition of Imposition of Gift Tax

XX

OO Head of the tax office

April 20, 2011

May 18, 2011

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Defendant’s imposition of gift tax of KRW 6,692,400 on December 31, 1997 against the Plaintiff on August 5, 2009 and the imposition of KRW 4,524,00 on December 31, 199 shall be revoked.

1. Details of the disposition;

A. On December 31, 1997, the Plaintiff acquired 12,00 shares of Nonparty BB Engineering Co., Ltd. (hereinafter “Nonindicted Company”) and additionally acquired 5.00 shares of Nonparty Company on December 31, 199, and thereafter registered the shares as 17,00 shares in the register of shareholders of Nonparty Company from around that time to December 31, 2007.

B. On August 13, 2009, the Defendant received taxation data notification from the director of Seoul Regional Tax Office to the effect that the Plaintiff’s shares are Nonparty KimCC’s title trust shares, and issued the instant disposition on August 13, 200 to the Plaintiff, imposing KRW 6,692,400, and KRW 4,524,000,00, respectively, of gift tax on December 31, 1999.

C. On November 11, 2009, the Plaintiff filed an appeal with the Tax Tribunal, but was dismissed on July 22, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The Plaintiff acquired 12.00 shares of the non-party company from KimCC in 1997 with its own funds, and acquired 5,000 shares additionally by participating in the non-party company’s capital increase in 1999, thereby actually acquiring 17,000 shares. Nevertheless, the Defendant deemed that the Plaintiff was entrusted with the non-party company’s shares from KimCC, and thus, the instant disposition was unlawful.

(b) Related statutes;

It is as shown in the attached Form.

C. Determination

In addition to the whole purport of the arguments in the evidence Nos. 3 and 4, the plaintiff's assertion is without merit, since KimCC may acknowledge the fact that the plaintiff held the title trust of the non-party company's shares to the plaintiff. Accordingly, the plaintiff alleged that each of the above evidence was prepared or stated by the plaintiff for the purpose of aiding and abetting the criminal case of KimCC, but it is not possible to recognize the evidence solely on the evidence Nos. 5 and 6 in light of the statement No. 5, and there is no other evidence to prove it otherwise.

On the other hand, there seems to be grounds to deem the instant disposition unlawful, so the instant disposition is lawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.