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(영문) 대법원 2015. 10. 15. 선고 2015두46482 판결
(심리불속행) 아들의 명의를 빌려 계좌를 개설, 사용한 것으로 인정되므로 계좌에 입금된 쟁점금액을 아들이 증여받은 것으로 볼 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu67729 (2015.06.04)

Title

Inasmuch as it is recognized that an account is opened and used by lending the name of the son, the key amount deposited in the account shall not be deemed to have been donated by the son.

Summary

(Summary) Since the mother is deemed to have opened an account by lending the name of the child and to have used it substantially, the mother cannot be deemed to have donated the key amount to the child solely on the ground that the key amount was deposited in the instant account.

Related statutes

Article 2 (Gift Tax Taxables) of Inheritance Tax and Gift Tax Act

Cases

2015Du46482 Revocation of Disposition of Gift Tax Imposition

Plaintiff-Appellant

SAA

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Seoul High Court Decision 2014Nu67729 Decided June 4, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as

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