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(영문) 대법원 2016. 08. 25. 선고 2016두42920 판결
(심리불속행)명의신탁에는 조세회피목적이 있었던 것으로 추정되는지 여부[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu46002 (Law No. 18, 2016)

Title

(Trial incompetence) Whether a title trust is presumed to have had an objective of tax avoidance

Summary

As long as the title trust has been made, the purpose of tax avoidance is presumed to have been presumed to have been achieved, but it is recognized that the title trust was made for any reason other than the purpose of tax avoidance, and only a minor reduction of tax incidental to the said title trust occurs, it cannot be deemed that there

Dismissal of Disorder in Trial

Related statutes

Article 43 of the Inheritance Tax and Gift Tax Act

Cases

2016Du42920 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

AA

Defendant-Appellee

1. The director of the AA tax office;

2. BB director of the tax office.

3. The director of theCC;

4. The director of the D Tax Office.

5. The director of the E Tax Office.

The judgment below

Seoul High Court Decision 2015Nu46002 Decided May 18, 2016

Imposition of Judgment

August 25, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The lower judgment and the appellate brief all of the records of this case were examined, but the appellant’s grounds of appeal are examined.

The argument about the appeal procedure does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

Since it is deemed that there is no reason or reason, all appeals are dismissed pursuant to Article 5 of the same Act.

It is so decided as per Disposition by the assent of all participating Justices on the bench.

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