Seoul High Court-2016-Nu-45761 (27 September 2016)

Tax Tribunal-2014-C-4797 (2015.03.09)

(D) Whether this case’s shares constitute a title trust shares

(The gist of the original trial) The instant shares cannot be deemed as the inherited property of the decedent in full view of the following: (a) the decedent did not exercise the shareholder’s right with shares that did not have been distributed after the establishment; and (b) the testimony of the Plaintiff and the fact that the Plaintiff had known that the instant shares were trusted in the name of the decedent.

Article 9 of the Inheritance Tax and Gift Tax Act

2016Du55391 Revocation of Disposition of Revocation of Inheritance Tax Imposition

AA

AA Head of the Tax Office

April 29, 2016

January 18, 2017

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

The lower judgment and the appellate brief all of the records of this case were examined, but the appellant’s grounds of appeal are examined.

The assertion regarding the procedure of final appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act.

The appeal is dismissed in accordance with Article 5 of the same Act, because it is not or deemed that there is no reason.

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