Seoul High Court 2013Nu10634 (2014.02.07)

(C) that the shares are donated, not the shares held in title trust;

(1)The disposition imposing gift tax on the increase in the value of shares is legitimate on the ground that shares are deemed to have been donated under title trust without the original purpose of tax avoidance, however, that shares are presumed to have been donated under KOSDAQ-listed and are expected to have been donated to the spouse in advance of low-evaluation shares;

Article 41-3 of the Inheritance Tax and Gift Tax Act

2014Du5057 Revocation of Disposition of Imposition of Gift Tax

Gangwon A

Head of Suwon Tax Office

Seoul High Court Decision 2013Nu10634 Decided February 7, 2014

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as