Seoul Administrative Court 2009Guhap49329 ( October 20, 2010)

Donations from debt exemption;

Since it is deemed that a loan is taken over in return for deducting the amount of a loan from the purchase price while acquiring real estate, it is difficult to deem that a loan was exempted from liability.

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

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 imposing gift tax of KRW 233,190,450 against the Plaintiff on December 12, 2007 shall be revoked.

2. Purport of appeal

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

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

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.