Case Number of the immediately preceding lawsuit
Daegu High Court 2012Nu1625 ( December 28, 2012)
Case Number of the previous trial
Cho High-depth 201Gu0667 ( December 08, 2011)
Title
(A) It shall be deemed that the transfer price of real estate is received and used, and thus constitutes a donation.
Summary
(C) If there are special circumstances, such as withdrawal of deposits and deposits, etc. in the name of the taxpayer for purposes other than donation, the burden of proof is the taxpayer and the real estate transfer proceeds are continuously consumed by living expenses, card payments, etc. after deposit to the Plaintiff’s account in the Plaintiff’s name. It constitutes donation.
Cases
2013Du2907 Revocation of Disposition of Imposition of Gift Tax
Plaintiff-Appellant
IsaA
Defendant-Appellee
Head of Dong Daegu Tax Office
Judgment of the lower court
Daegu High Court Decision 2012Nu1625 Decided December 28, 2012
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 assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per
Reference materials.
If the grounds for final appeal are not included in the grounds of 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 final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final