The meaning of "property that needs to be registered, etc. in the transfer or exercise of rights" and whether golf membership membership falls under this" as provided in Article 32-2 (1) of the Inheritance Tax Act.

The term "property which requires a registration, etc. in the transfer or exercise of rights, such as real estate, automobiles, ships, heavy machinery, stock certificates, corporate bonds, etc., means only the cases where the registration, record, transfer, etc. is legally required as a requisite for establishing an effective condition or requisite for counterclaim against the transfer or exercise of rights, such as real estate, automobiles, ships, heavy machinery, stock certificates, corporate bonds, etc., and it does not include claims in cases where the debtor has agreed to keep a list of creditors under a contract

Article 32-2(1) of the Inheritance Tax Act

[Defendant-Appellant] Defendant 1 and 1 other

Attorney Kim J-jin et al., Counsel for the plaintiff-appellant

Seoul High Court Decision 85Gu840 decided March 18, 1986

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

Article 32-2(1) of the Inheritance Tax Act provides that in case where the actual owner and its nominal owner are different from each other with respect to property which requires the transfer or exercise of rights, registration, entry, change of title, etc. (hereinafter referred to as “registration, etc.”), the actual owner shall be deemed to have donated to the relevant nominal owner on the date when registration, etc. is made to the relevant nominal owner, notwithstanding Article 14 of the Framework Act on National Taxes. Here, it is interpreted that the term “property which requires the transfer or exercise of rights, etc.” refers to cases where registration, entry, transfer, etc. are required in the transfer or exercise of rights, such as real estate, automobiles, ships, heavy machinery, stock certificates, corporate bonds, etc., and where the debtor has agreed to keep the list of creditors and enter the changes,

The judgment of the court below that the property that requires the transfer of rights or the registration, etc. in its exercise refers only to the property that can be enforced in accordance with the compulsory execution method stipulated in Part VII of the Civil Procedure Act. However, the conclusion that golf membership in this case does not constitute the property that requires the transfer of rights stipulated in Article 32-2 (1) of the Inheritance Tax Act or the exercise of such rights is just, and there is no error of law or incomplete deliberation, such as the theory of lawsuit. There is no reason to discuss the issue.

Therefore, the appeal is 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.

The misunderstanding of judges of the Supreme Court cannot be signed and sealed by retirement (Presiding Justice). (Presiding Justice)