Seoul High Court-2017-Nu-76182 (Law No. 18, 2018)

(C) If a title trust is deemed to be a nominal trust and is not deemed to have been deemed to have been donated under a title trust without any tax avoidance purpose.

(main point of the original trial) as it constitutes a nominal deed and as it does not apply to constructive gift of title trust without any purpose of tax avoidance, taxation of gift tax is illegal.

Article 41-2 of the Inheritance Tax and Gift Tax Act as Donation of Title Trust Property

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

All of the judgment of the court below and the records of this case were examined, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal or are recognized to be groundless. Thus, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

August 30, 2018