In case where the donated property is returned to the donor one year after the date of donation, whether the subject of the gift tax is subject to the provisions of Article 29-2 (1), (4), and (5) of the former Inheritance Tax Act (affirmative)

The return of donated property to the donor one year after the date of donation shall be subject to the gift tax pursuant to Article 29-2 (1), (4) and (5) of the former Inheritance Tax Act (amended by Act No. 5193 of Dec. 30, 1996).

Article 29-2 (1) (see current Article 4 of the Inheritance Tax and Gift Tax Act), (4) (see current Article 31 (4) of the Inheritance Tax and Gift Tax Act), and (5) (see current Article 31 (5) of the Inheritance Tax and Gift Tax Act) of the former Inheritance Tax Act (Amended by Act No. 5193, Dec. 30, 1996);

Plaintiff 1 and three others

The director of the tax office

Seoul High Court Decision 2001Nu7246 delivered on October 19, 200

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

The court below held that it is reasonable for the defendant to impose gift tax on the non-party 1 on the ground that it is subject to the gift tax pursuant to Article 29-2 (1), (4) and (5) of the former Inheritance Tax Act (amended by Act No. 5193 of Dec. 30, 196), where the plaintiff 3 returned the forest of this case donated from the non-party 1 on December 31, 1992, one year or more after the donation, and returned the donated property to the donor after one year from the donation date. This part of the grounds for appeal is not acceptable.

In addition, in this case, in light of the circumstances where Nonparty 2 consulted Nonparty 1 and Plaintiff 3 on whether to impose gift tax pursuant to the disposition of the forest land of this case, it is proper that the court below determined that the counseling content of Nonparty 2 did not state the public opinion that is the subject of trust to Nonparty 1 or Plaintiff 3, the taxpayer, and there is no error in matters of law such as misunderstanding of legal principles as argued in the Grounds for Appeal. Accordingly, this part of the grounds for appeal is not acceptable.

Therefore, all appeals are dismissed, and the costs of appeal are assessed and decided as per Disposition.

Justices Zwon (Presiding Justice)