Busan High Court-2017-Nu20347 (Law No. 176, 30)

The title trust is deemed to constitute the donation agenda for the property held in title trust because the fact of title trust is recognized and there is a purpose of tax avoidance.

(C) The Majority Opinion argues that the title trust agreement is deemed to have been acquired by the unilateral act of the actual owner, regardless of the intent of the nominal owner, and that there is no evidence to prove that the title trust agreement was acquired by the unilateral act of the actual owner, and that there is a possibility that the company may not be held liable for secondary tax liability as an oligopolistic shareholder due to the company’s default on tax liability by lowering the company’s

The legal fiction of donation of title trust property under Article 45-2 of the former Inheritance Tax and Gift Tax Act; evaluation of non-listed stocks under Article 54 of the former Enforcement Decree of the Inheritance Tax

Supreme Court Decision 2017Du54135 Decided revocation of Disposition imposing Gift Tax

LAA

BB Director of the Tax Office

Busan High Court Decision 2017Nu20347 Decided June 30, 2017

November 23, 2017

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition