Seoul High Court 2014Nu71711 (Seoul High Court 2016.01.20)

(ps) No tax avoidance purpose exists in a stock title trust.

(Summary) The title trust of shares was made for the purpose of defending management rights, and there was a minor reduction of tax amount of 4 million won in global income tax on dividend income as incidental thereto, and thus, it cannot be deemed that there was a purpose of tax avoidance in stock title trust.

Article 45-2 of the Inheritance Tax and Gift Tax Act as Donation of Title Trust)

Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.

The reasons referred to in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Settlement of Small and Medium Enterprises shall not be included, or

Since it is recognized that all appeals are dismissed pursuant to Article 5 of the same Act, all participating Justices are dismissed.

It is so decided as per Disposition by the assent of all participating Justices.