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(영문) 수원지방법원 2017.01.19 2015구합70356
증여세부과처분취소
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. X Co., Ltd. (hereinafter “X”) is a company that runs a general book and textbook publishing business on January 15, 1990.

B. On November 15, 2004, Y, who served as X’s representative director, transferred 60,000 shares of X (hereinafter “instant shares”) owned by it to X’s officers and employees including the Plaintiffs, and completed the transfer of ownership.

C. The Defendants: (a) applied Article 45-2(1) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter “former Inheritance Tax Act”) on the grounds that the Plaintiffs’ shares at issue were trusted in title by the network, the actual owner of X, and (b) notified the Plaintiffs of the determination of gift tax as indicated in the list (attached Form 1).

(hereinafter “instant disposition”) D.

The Plaintiffs were dissatisfied with the instant disposition and filed an appeal with the Tax Tribunal on April 20, 2015, but was dismissed on August 12, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, Eul evidence Nos. 1, 4, 24 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that they received title trust from AA, not the Z individual, and since AA is exempt from taxation for profit-making business as a religious organization, there is no room for recognizing the purpose of tax avoidance.

On the other hand, AA is a juristic person operated by X to be a shareholder of X that carries out profit-making business, there is a concern that X or its officers and employees may suffer disadvantages when X is a juristic person operated by AA, and that the shares of this case are trusted in trust to the plaintiffs, who are new parties, for reasons such as inspiring of self-esteem, and that various companies, including X, are operated in the same way.

B. The entry in the relevant statutes (attached Form 2) is as follows.

C. 1) The Defendants are deemed to have rendered judgment as to the title truster of the shares at issue.

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