Case Number of the immediately preceding lawsuit
Daejeon High Court (Cheongju) 2010Nu673 ( October 13, 2011)
Case Number of the previous trial
early 2009 Jeon1881 ( December 03, 2009)
Title
(1) If a sentence is a donation of real property to a person, such donation shall not apply
Summary
(Summary) It is reasonable to view that the assignee of real estate constitutes a juristic person which has no substance formally, and that the Plaintiff, a single representative director and a single stockholder, had received the evidence.
Cases
2011Du9737 Revocation of Disposition, etc. of Imposition of Gift Tax
Plaintiff-Appellant
XX
Defendant-Appellee
O Head of tax office
Judgment of the lower court
Daejeon High Court (Cheongju) Decision 2010Nu673 Decided April 13, 2011
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by
Reference materials.
If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,