Seoul High Court 2012Nu32170 (Law No. 27, 2013.09)

Examination Donation 2011-0018 (2011.09.09)

Since it appears to be a real estate title trust, not a gift, the designation of joint and several tax liability is unreasonable.

Since it is confirmed that the land has been involved in the sale, receipt of price, management, and use, and it is deemed that the ownership is held even after the date of registration of ownership transfer, it is reasonable to regard it as real estate title trust, not the gift, and therefore,

Inheritance Tax and Gift Tax Act

2013Du22024 Revocation of revocation of designation as a taxpayer

OraA

The director of the North Incheon National Tax Office

Seoul High Court Decision 2012Nu32170 Decided September 27, 2013

February 13, 2014

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

In full view of the adopted evidence, the lower court recognized the fact that the Plaintiff completed the registration of ownership transfer under the name of KimB on June 5, 2008 with respect to the three parcels of this case, one of its own possession on June 23, 2008, and reported and paid capital gains tax, and determined that the instant disposition was unlawful on the ground that the Plaintiff could not be deemed to have donated the three parcels of this case to KimB in light of the circumstances as indicated in its reasoning, on the ground that the Plaintiff cannot be deemed to have been deemed to have donated the three parcels of this case to KimB.

Examining the records in light of the relevant legal principles, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, there are no errors in finding facts in violation of the law of reason and experience. Supreme Court Decision 2006Du8068 Decided September 25, 2008 cited in the grounds of appeal are different cases and it is not appropriate to invoke the case in this case.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.