Seoul High Court 2009Nu11029 ( November 04, 2009)

National High Court Decision 2007Du2089 (O6, 16, 2008)

It is reasonable to deem that the person who is the nominal owner actually acquired shares.

It is reasonable to view that the person who deemed as the nominal owner acquired the real shares in view of the fact that the court was acquitted on the grounds that there was no evidence to acknowledge the nominal borrowed facts although he/she was prosecuted for evading capital gains tax due to title trust.

The contents of the decision shall be the same as attached.

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

All of 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 provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and it is recognized that there are no grounds for appeal, so all of the appeals are dismissed under Article 5