Time of occurrence of gift tax liability due to gift of real estate;

The gift tax liability under the Inheritance Tax Act shall take place at the time of acquisition of donated property, and where real estate such as land is donated, it is reasonable to regard the time of acquisition of the property as the time of transfer of ownership, unless there

Article 29-2 of the Inheritance Tax Act

Supreme Court Decision 86Nu25 decided Jul. 8, 1986 (Gong1986,1056) 87Nu403 decided Oct. 28, 1987 (Gong1987,1824) 88Nu8715 decided Jun. 13, 1989 (Gong1989,1093)

Gangwon-do et al.

Racing Head of the Tax Office

Daegu High Court Decision 89Gu511 delivered on November 22, 1989

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the plaintiffs' grounds of appeal.

The gift tax liability under the Inheritance Tax Act shall take place at the time of the acquisition of donated property, and in the case of a donation of real property, it is reasonable to regard the time of acquisition of the property by donation as the time of registration of ownership transfer, barring any special circumstances (see Supreme Court Decision 86Nu25, Jul. 8, 1986). Therefore, even if the court below made an expression of intent of donation by the deceased deceased-Deption on March 5, 1971, it is reasonable to determine that the disposition of imposition of gift tax in this case is legitimate for the defendant to consider the time of acquisition of the land in this case, which is the deceased-deponed Lee, as October 6, 1984, the day on which the registration of ownership transfer was made in his future, and there is no special circumstance to exclude the time of acquisition from the above registration of transfer, and there is no reason to hold that the court below erred by misapprehending the time of acquisition of the property

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)