In case where a change of ownership is made through a unilateral act of real ownership, whether the provision on deemed donation of Article 32-2 of the Inheritance Tax Act shall apply (negative)

Provisions on the deemed donation under Article 32-2 (1) of the Inheritance Tax Act shall not apply where the registration, registration or transfer of a title holder is made by unilateral act of the actual owner regardless of the intention of the nominal owner.

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

Supreme Court Decision 84Nu748 Decided March 26, 1985, 84Nu290 Decided October 14, 1986, Supreme Court Decision 86Nu282 Decided February 10, 1987

[Judgment of the court below]

The Director of Gangnam District Office

Seoul High Court Decision 85Gu435 delivered on December 24, 1985

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The court below's adoption of trial evidence and the registered beneficiary certificates of Korea Investment Trust Co., Ltd. issued by Korea Investment Trust Co., Ltd., which was registered in the name of the plaintiff, are purchased by the non-party 1, on behalf of the non-party 2, the non-party 3, and the non-party 4, etc., to deposit the money in the bank district under the name of the non-party 4, and then purchased the money with the money. Thus, the court below's determination that the plaintiff was registered in the beneficiary registry without any limit is just in light of the records, and it cannot be deemed that the non-party 1 was guilty of violating the rules of evidence

In addition, Article 32-2 (1) of the Inheritance Tax Act (after the amendment of December 31, 1981) applies the provision to the effect that in case of property requiring the transfer or exercise of rights, registration, change of title, etc., the actual owner and its nominal owner have completed the registration, record, transfer of title, etc. by agreement or communication, such declaration of intent and consent should be considered to have been made regardless of whether or not the actual owner and the nominal owner have expressed their intent or consented to the donation in their internal relations, and such registration, registration, or transfer of title is not applicable if it was made by unilateral act of the actual owner regardless of the intent of the nominal owner (see, e.g., Supreme Court Decisions 84Nu748, Mar. 26, 1985; 86Nu290, Oct. 14, 1986; 86Nu282, Feb. 10, 1987).

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

Justices Lee B-soo (Presiding Justice)