Case Number of the immediately preceding lawsuit
Seoul High Court Decision 2013Na2015584 decided April 27, 2014
Title
(C) A donation cannot be deemed to have been made solely on the fact that a person permits a person to substantially control his/her bank account in order to avoid tracking of the tax authority, etc.
Summary
(C) Unless there is any special circumstance, it cannot be deemed that there was a gift intent between the remitter and the account holder on the sole ground that the remitter and the account holder have consented, understood, or consented to the transfer of money owned to his/her own deposit account with the knowledge of the fact that the money is transferred to his/her own deposit account to avoid tracking the tax authorities, etc.
Related statutes
Article 30 of the National Tax Collection Act Revocation of Fraudulent Act
Cases
2014Da218320 Revocation of Fraudulent Act
Plaintiff
Korea
Defendant
GaO
Imposition of Judgment
oly 15, 2014
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of