propriety of the imposition of gift tax on the title trustee who has made only ownership transfer registration without payment of consideration.

Even if the Plaintiff completed the registration of ownership transfer of the instant real estate in the name of a nominal consignment method without paying the price, it shall not be deemed to have been donated to the Plaintiff so long as there is no real profit to the Plaintiff, and as provided in Article 32-2 of the former Inheritance Tax Act (amended by Act No. 31, Dec. 31, 1981), “where the Plaintiff created a trust for the property” refers to a trust under the Trust Act under Article 1 subparag. 2 of the Trust Act, and does not fall under a real estate title trust. Therefore, the Defendant’s imposition of gift tax on the Plaintiff

Article 29-2 of the Inheritance Tax Act, Article 32-2 of the Inheritance Tax Act

Supreme Court Decision 78Nu396 delivered on January 16, 1979

Lee Young-young

The Director of Incheon Tax Office

Seoul High Court Decision 81Gu308 delivered on January 27, 1982

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment below, the court below held that the disposition of this case rendered by the defendant on the premise that the non-party Lee Young-do transferred the real estate in this case to the plaintiff was illegal, since the non-party Lee Young-do was the plaintiff's wife and the non-party Lee Young-do, the owner of the real estate in this case, entrusted the ownership of the real estate in this way to the non-party Lee Young-do for the purpose of raising the medical expenses, but again transferred the ownership of the above real estate to the plaintiff for convenience, such as the repayment of the loan after the trust, and that the above transfer did not actually acquire the ownership of the above real estate or transfer it to the plaintiff. In light of the records, the above determination of the court below is sufficiently pride and there is no illegality in the theory of lawsuit, and even if the plaintiff completed the registration of ownership transfer of the real estate in this case without the payment of the price, it cannot be deemed as having been donated to the plaintiff, and it does not constitute a trust under Article 12-2 of the former Inheritance Tax Act (amended by Act No. 31979 of this case).

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

Justices Kim Jung-soo (Presiding Justice)