Whether apartment lottery tickets constitute property requiring registration, etc. for the transfer or exercise of rights under Article 32-2(1) of the Inheritance Tax Act.

Property which requires the transfer of rights or the exercise of rights under Article 32-2 (1) of the Inheritance Tax Act refers to registration, record, transfer of rights, etc. in the transfer or exercise of rights such as real estate, automobiles, ships, heavy machinery, stock certificates, bonds, etc., and the case of legally required requirements or requirements for effective action. Therefore, if the change of name on the list of apartment sale or the written contract for sale in lots does not become a legally required requirement or requisite for effective action, the apartment lottery tickets which are drawn in another person's name can not be deemed as the property stipulated in Article 32-2 (1) of

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

Supreme Court Decision 86Nu341 Delivered on March 24, 1987

Plaintiff

head of Sung Dong Tax Office

Seoul High Court Decision 86Gu667 delivered on January 19, 1987

The part against the plaintiff in the original judgment shall be reversed and the case shall be remanded to Seoul High Court.

The defendant's appeal is dismissed.

The costs of appeal by the defendant are assessed against the defendant.

1. As to the Plaintiff’s ground of appeal

According to the reasoning of the judgment of the court below, the non-party who is the owner of the plaintiff's right after cooking relevant evidence is the owner of the 4,00,00 won under the name of the plaintiff, and the non-party who is the owner of the 4,00 won of the purchase-sale contract is entitled to enter into the purchase-sale contract under the name of the 5,00 won and paid 6,40,000 won when entering into the sale-sale contract with 3,00 won under the name of the 4,00 won of the purchase-sale contract, and the non-party who is the owner of the 5,00 won of the purchase-sale contract without the title of the 4,00 won of the purchase-sale contract (the non-party who is the owner of the 4,00 won of the purchase-sale contract under the name of the 40,000 won of the purchase-sale contract and the non-party's right to claim the change of ownership under the name of the 5,000 won of the sale-sale contract.

Nevertheless, the court below erred in the misapprehension of legal principles as to the part which affirmed the taxation disposition of this case by deeming the above apartment lottery tickets as property of the same provision, and there is reason to discuss this point.

2. As to the grounds of appeal by Defendant Litigation Performers:

As seen above, since the instant apartment lottery right does not correspond to the subject matter of gift tax, the instant taxation is entirely unlawful. As such, the dissenting opinion that the part against the defendant among the original judgment is illegal cannot be accepted.

3. Accordingly, the part against the plaintiff in the original judgment shall be reversed and remanded to the court below. The defendant's appeal shall be dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)