Seoul Administrative Court 2007Guhap48025 (2008.09)

National High Court Decision 2007Du2442 ( November 08, 2007)

Whether title trust requires a trustee's receipt of a certificate or not.

Title trust is subject to gift tax regardless of whether it is a gift contract made according to the intention of inheritance or not.

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

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The decision of the first instance court is revoked. The defendant's disposition of imposition of KRW 24,669,400 against the plaintiff on March 7, 2007 is revoked (the "the date of the disposition of imposition on March 12, 2007, which is the filing date of the complaint and the purport of the appeal).

The reasoning for this Court’s explanation concerning this case is as follows: (a) it is identical to the entry of the first instance court’s reasoning, except for the modification to “each entry of No. 3” of No. 14 and No. 15 of the third court’s judgment to “No. 3, No. 4-2 and No. 3 of the evidence No. 4-3”; and (b) therefore, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.