Seoul Administrative Court 2008Guhap17646 ( October 02, 2008)

early 2007west2813 (Law No. 29, 2008)

propriety of the disposition by which the transferee presumed that the transferred house was donated to his lineal ascendant or descendant

In light of the content of the housing sales contract that is transferred to a lineal ascendant or descendant, there is no economic rationality between the parties to the general transaction, and there is a lack of clear explanation on the acquisition fund by the transferee, the disposition presumed to have been donated is legitimate.

The contents of the decision shall be the same as attached.

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition