Seoul High Court 2011Nu28334 (Law No. 12, 2012)

early 2010west2025 ( December 29, 2010)

(ps) Ownership of stocks for the purpose of transfer is not subject to deemed donation due to the transfer of title of stocks for the purpose of transfer.

(C) In light of the legal principles as to the constructive gift of title trust, the legal principle as to the constructive gift of title trust cannot be applied to the ownership of the shares for the purpose of transfer to an obligor, since the ownership of the shares for the purpose of transfer to an obligee is not the ownership of the shares.

2012Du4364 Revocation of Disposition of Imposing gift tax

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Head of Seodaemun Tax Office

Seoul High Court Decision 2011Nu28334 Decided January 12, 2012

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case, the judgment of the court below, and the final appeal were examined. However, the argument on the grounds of final appeal is deemed not to include the grounds provided in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the final appeal is dismissed pursuant to Article 5 of the same Act. It is so decided

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final