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(영문) 대법원 2016. 06. 10. 선고 2016두35489 판결
이 사건 주식 명의신탁시 조세회피 목적이 있었는지 여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu54997 (Law No. 28, 2015)

Title

Whether the purpose of this case’s stock title trust was to avoid tax evasion

Summary

There was no limit on the number of promoters required for the establishment of a company. The tax base of global income tax under title trust differs from the amount of tax payable, and in fact, there is tax evasion amount, and there is no tax evasion purpose, such as the tax liability limit vary depending on the shareholding ratio.

Cases

2016Du35489 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

Park ○

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2015Nu54997 Decided December 28, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of

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