Case Number of the immediately preceding lawsuit
Chuncheon District Court 2012Guhap643 ( October 19, 2012)
Case Number of the previous trial
National Tax Service Review Donation 2011-0087 (203.30)
Title
The original decision is legitimate, as there is no evidence to prove the existence of the title trust contract.
Summary
(1) In the event that the source of funds to acquire real estate was revealed to the effect that the nominal owner is another spouse, not the nominal owner, the original decision is lawful on the grounds that the nominal owner is presumed to have received a donation of the funds to acquire real estate from the spouse, or that there was no evidence to prove that a separate title trust agreement had existed.
Cases
(Chuncheon)Revocation of revocation of the imposition of gift tax, 2012Nu1186;
Plaintiff and appellant
ThisAAA
Defendant, Appellant
Chuncheon Director of the Tax Office
Judgment of the first instance court
Chuncheon District Court Decision 2012Guhap643 Decided October 19, 2012
Conclusion of Pleadings
June 12, 2013
Imposition of Judgment
June 26, 2013
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The disposition of imposition of gift tax of KRW 000 against the plaintiff on December 1, 2011 by the defendant shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this Court is the same as that of the judgment of the court of first instance, and therefore, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Conclusion
Then, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.