Daegu High Court 2011Na1874 ( October 14, 2011)

Attachment of Trust Property shall be null and void.

Value-added tax, etc. disposed of to a truster does not constitute a right arising from the performance of trust affairs, and if a trust relationship under the Trust Act is established, the trust property belongs to the trustee, unlike a simple title trust.

Article 31 of the National Tax Collection Act

2011Da9931(main office) 201da9931, Registration of Seizure of Real Estate

AAA Asset Trust Co., Ltd.

Korea

Daegu High Court Decision 2011Na1874 decided October 14, 2011

April 26, 2012

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

The grounds of appeal are examined.

1. A trust under the Trust Act is a legal relationship in which a truster transfers a specific property right to a trustee or takes other measures, and has a trustee manage, and dispose of such property right for the benefit of the beneficiary or for a specific purpose (Article 1(2) of the Trust Act), and if the trustee completes the registration of ownership transfer in the future, the ownership is entirely transferred to the trustee domestically and externally, and is not reserved against the truster in the internal relationship with the truster (see, e.g., Supreme Court Decision 2000Da70460, Apr. 12, 2002). Meanwhile, Article 21(1) of the Trust Act provides that "a trust shall not be subject to compulsory execution or auction with respect to the trust property." In addition, the purpose of legislation is to ensure the independence of the trust property in order to smoothly achieve the purpose of the trust. Considering the above trust relationship, comprehensively considering the ownership of the trust property as a result of the trust, it can only be included in a compulsory execution or auction stipulated in the proviso to Article 21(1) of the Trust Act.

2. The court below affirmed the court below's determination that "BB" was based on the reasoning of the judgment of the court of first instance, and that it did not constitute "B" as the taxpayer under the proviso of Article 2 of the Trust Act, and that it did not constitute "B" under the above legal principles as to "B" and "B" as the taxpayer under Article 1 of the Act as the taxpayer under Article 2 of the Act, for the business of newly building and selling the commercial building on 54 lots in Daegu-gu, Daegu-gu, O0-0, and that it entered into a contract with the company for sales management and trust concerning the commercial building of this case, and that BB did not constitute "B" under the above legal principles as to the taxpayer under Article 2 of the Trust Act, and that it did not constitute "B" under the above legal principles as the taxpayer under Article 1 of the Act, and that it did not constitute "B" under the above legal principles as the taxpayer under Article 20 of the Act, and that it did not constitute "B" under the above legal principles as the taxpayer's title 1 of this case.

4. All appeals are dismissed, and the costs of appeal are assessed against the losing party upon the assent of all participating Justices.

It is so decided as per Disposition at the expense of the court.