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(영문) 대법원 2016. 12. 15. 선고 2016두51252 판결
(심리불속행) 명의신탁 당시에나 장래에 있어 회피될 조세가 없었다고 인정하기에 부족함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu70685 (Law No. 19, 2016)

Title

(C) It is insufficient to find that there was no tax to be avoided at the time of the title trust or in the future.

Summary

(C) If the purpose of the title trust is not included in the purpose of the title trust, the purpose of the title trust cannot be determined by applying the proviso of the same Article. Therefore, if the purpose of the title trust is not included in the purpose of the title trust, it cannot be deemed that the purpose of the tax avoidance exists

Related statutes

Donation of title trust property under Article 45-2 of the former Inheritance Tax and Gift Tax Act

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

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