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(영문) 대법원 2017. 02. 15. 선고 2016두60294 판결
(심리불속행) 조세회피와 상관없는 뚜렷한 목적이 있어야 명의신탁증여의제로 과세할 수 없음[국승]
Case Number of the immediately preceding lawsuit

Daejeon High Court-2015-Nu-13688 ( November 2, 2016)

Title

(ps) No taxation shall be made on the agenda of title trust donation only with a clear purpose of tax avoidance and unrelated to the tax avoidance.

Summary

(Summary) The reasoning for the title trust asserted by the Plaintiffs cannot be readily concluded to be a clear purpose that is irrelevant to the tax avoidance to the extent that it is recognized as having no tax avoidance purpose.

Related statutes

Article 14 of the Framework Act on National Taxes

Cases

2016Du60294 Revocation of Disposition of Imposition of Gift Tax

Plaintiff-Appellant

OO

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Daejeon High Court (Cheongju) 2015Nu13688 ( November 2, 2016)

Text

All appeals are dismissed.

The costs of appeal are assessed against each party.

Reasons

Although examining the judgment of the court below in light of the records of this case, the argument on the grounds of appeal is dismissed.

It is recognized that there is no reason to constitute Article 4 of the Act on Special Cases concerning Vehicles.

Therefore, all appeals are dismissed in accordance with Article 5 of the above Act. It is so decided by the assent of all participating Justices.

It is decided as per Disposition by the assent of all participating Justices.

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