Case Number of the immediately preceding lawsuit
Seoul High Court (Chuncheon)-2015-Nu-1255 ( August 22, 2016)
Case Number of the previous trial
early 2014 Middle 4290 ( November 11, 2014)
Title
(ps) The distribution of property jointly owned by a non-corporate association to the members shall be deemed to constitute a donation.
Summary
(Summary) It is reasonable to see that the non-corporate association and its members, which are owners of collective ownership property, gratuitously transfer property profits among them to a separate entity is a donation.
Related statutes
Article 2 (Gift Tax Taxables) of Inheritance Tax and Gift Tax Act
Cases
2016Du50853 Pre-Announcement of Disposition of Gift Tax Imposition
Plaintiff-Appellant
AA and 77
Defendant-Appellee
BB Director of the Tax Office
Judgment of the lower court
Seoul High Court (Chuncheon) Decision 2015Nu1255 Decided August 22, 2016
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal do not include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court, or are without merit. It is so decided as per Disposition by the assent of all participating