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(영문) 대법원 2015. 08. 27. 선고 2015두42510 판결
(심리불속행) 주식에 대한 양도담보권을 명의신탁하는 경우에는 명의신탁 증여의제규정을 적용할 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Nu-59605 (23 April 2015)

Case Number of the previous trial

Seocho 2012,0624 (2013.09.09)

Title

(In case of title trust of the right to transfer a security for shares, the provision on deemed donation of title trust cannot be applied.

Summary

In the event of title trust of the right to transfer for shares, gift tax may not be levied by applying the provision on deemed donation of title trust under Article 45-2(1) of the former Inheritance Tax and Gift Tax Act.

Related statutes

Donation of title trust property under Article 45-2 of the Inheritance Tax and Gift Tax Act

Cases

2015Du42510 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

KimA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2014Nu59605 Decided April 23, 2015

Imposition of Judgment

August 27, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

Inasmuch as the argument regarding the appeal procedure does not include the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal or it is recognized that there is no reason, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

August 27, 2015

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