Acquisition time of property by donation under the Inheritance Tax Act;

Where land is donated, it is reasonable to see that the time of acquisition of the property by donation under the Inheritance Tax Act is the time of transfer of ownership unless there is any special reason.

Subparagraph 1 of Article 29-2 of the Inheritance Tax Act

Supreme Court Decision 84Nu783 Decided November 12, 1985 86Nu25 Decided July 8, 1986

[Defendant-Appellee] Plaintiff 1

head of Sung Dong Tax Office

Seoul High Court Decision 87Gu294 delivered on August 19, 1987

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

As to the Grounds of Appeal:

The court below held that the land of this case was proper where Nonparty 1, the Plaintiff’s mother, purchased October 22, 1977 and donated to the Plaintiff on February 24, 1978, and registered the title transfer in the name of Nonparty 2 for the purpose of preserving the Plaintiff’s right to claim for the transfer of ownership on the same day, and at the same time, the court below made a provisional registration for preserving the Plaintiff’s right to claim for the transfer of ownership, and made a litigation telephone procedure for the same contents as the Plaintiff’s explanation. However, it is reasonable that the Plaintiff recognized the fact that the registration of transfer of ownership is completed in the form of taking the above litigation procedure for the claim for the transfer of ownership on April 12, 19

If such land is donated, it is reasonable to regard the time of acquisition of the property by donation under the Inheritance Tax Act as the time of the registration of transfer of ownership, barring any special circumstance (see, e.g., Supreme Court Decision 84Nu783, Nov. 12, 1985; Supreme Court Decision 86Nu25, Jul. 8, 1986). Thus, it is reasonable for the court below to have determined that the Defendant’s taxation of this case, which recognized that the property was donated by Nonparty 1 to the Plaintiff on April 12, 1984, was illegal. It does not err by misapprehending the legal principles of the time of donation, such as the theory of lawsuit.

All arguments are without merit, and this appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Byung-hee (Presiding Justice)