Seoul Administrative Court 201Guhap717 ( August 18, 2011)

early 2010west258 ( December 29, 2010)

No case where the mortgagee and the nominal mortgagee are different shall be deemed to be a title trust.

Since the imposition of gift tax on title trust is recognized as an exception to the substance over form principle, its application should be strictly interpreted, and where the actual mortgagee and the nominal mortgagee are different from the actual mortgagee, it cannot be interpreted that the actual owner and the nominal owner are included in the "where the nominal owner are different."

2011Nu31057 Revocation of Disposition of Imposition of Gift Tax

XX Kim

Head of Nowon Tax Office

Seoul Administrative Court Decision 2011Guhap7717 decided August 18, 2011

December 22, 2011

January 12, 2012

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The Defendant’s disposition of imposition of KRW 111,434,340 against the Plaintiff on May 10, 2010 is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.