Changwon District Court 2012Guhap4188 (No. 28, 2013)

National Tax Service Review Donation 2012-0093 (2012.06)

The amount of shares excessively distributed shall be subject to gift tax, except in extenuating circumstances.

(As in the judgment of the court of first instance) Where two or more persons jointly own real estate and sell them, one person owns all of the proceeds from sale, or one person among co-owners owns more than his/her co-ownership, the proceeds will be subject to taxation as a gift, except in extenuating circumstances.

Article 2 of the Inheritance Tax and Gift Tax Act

Article 24 of the Framework Act on National Taxes

(C)The revocation of the disposition imposing gift tax

KimA

○ Head of tax office

Changwon District Court Decision 2012Guhap4188 Decided May 28, 2013

November 14, 2013

December 26, 2013

1. All appeals filed by the Plaintiff (Appointed Party) and the Appointed KimB are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party) and the Appointed KimB.

The decision of the first instance court shall be revoked. The defendant's imposition of the gift tax on the plaintiff (appointed party) on April 2, 2012 shall be revoked, and the imposition of the gift tax on the appointed party KimB shall be revoked.

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is the same as the part of the judgment of the court of first instance, and thus, it can be accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals filed by the plaintiff (appointed party) and the appointed party KimB are dismissed as it is without merit. It is so decided as per Disposition.