The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. In applying Article 45-2(3) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 7010, Dec. 30, 2003; hereinafter “former Inheritance Tax Act”) newly established on January 1, 2004, Article 45-2(3) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 7010, Dec. 30, 2003; hereinafter “former Inheritance Tax Act”), where a register of stockholders or a register of members has not been prepared on the legal fiction of title trust property, the decision of transfer is made on the basis of documents concerning stockholders, etc. submitted to the head of tax office having jurisdiction over the place of tax payment pursuant

Even if a person intends to evade tax by entering the name of the owner of stocks, etc. differently from the actual owner in the specification of changes in stocks, etc., if there is no change of ownership due to the lack of the register of shareholders or the register of members, the gift tax is to be imposed even in such a case by supplementing

(see Supreme Court Decision 2011Du11099, May 16, 2014). In addition, the deemed donation date under the foregoing provision ought to be deemed the date on which the actual owner and the nominal owner submitted a detailed statement, etc. of the change of stocks, etc. in which the actual owner and the nominal owner clearly indicated the fact of change of stocks, etc.

(See Supreme Court Decision 2017Du32395 Decided May 11, 2017). Meanwhile, Article 10 of the former Addenda of the Inheritance and Gift Tax Act provides that “The amended provisions of Article 45-2(3) provide that “The provisions of Article 45-2(3) shall apply from the portion of submission of documents and statements on changes in stocks with respect to stockholders, etc. under Articles 109(1) and 119 of the Corporate Tax Act after this Act enters into force.

In light of the legislative purport, structure, and content of these relevant provisions, if the report on the change of stocks, etc. was submitted after January 1, 2004, and accordingly the change of ownership was determined, the requirements for the deemed donation of title trust should be deemed to have been completed on the date of submission.

(b) the Commission; and