If the title trust is not registered or recorded, whether the legal fiction of donation pursuant to the provisions of Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981) is made

The constructive gift stipulated in Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474, Dec. 31, 1981) is deemed to be a donation in a case where a trust property is not registered or recorded in the register of shareholders, or where a trust property is not recorded in the register of shareholders, etc. under Article 3 of the Trust Act with respect to a trust property, the trust property is deemed to be a donation to the trustee. Therefore, a mere nominal trust cannot be deemed to be a trust under the Trust Act, and therefore, even if a trust fact is not registered, registered, or entered in the register of shareholders, etc. under Article 3

Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981); Article 3 of the Trust Act

Supreme Court Decision 83Nu192 Decided July 26, 1983, 85Nu226 Decided September 10, 1985, Supreme Court Decision 85Nu653 Decided September 9, 1986 (dong)

[Judgment of the court below]

Head of Western Tax Office

Seoul High Court Decision 84Gu581 delivered on August 20, 1985

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the fact that the non-party, who was the chairman of the Fame Group, owned on December 28, 1981, entered 1,000 shares in the above company's register of shareholders under his name with the consent of the plaintiff, who is an executive of the company affiliated with the Fame Group, and the defendant did not enter the facts which were the trust property in the above register of shareholders, and thus deemed as a donation pursuant to Article 32-2 of the former Inheritance Tax Act (amended by Act No. 3474 of Dec. 31, 1981), which was enforced at the time of the above registration, as the gift tax base, 1,00,000 won in aggregate of the above shares were not a mere disposition of gift tax and specific defense and disposition of gift tax in this case to the plaintiff, and it cannot be deemed that the gift gift stipulated in Article 32-2 of the former Inheritance Tax Act was not a trust property under Article 32-2 of the former Trust Act or a trust property under title trust.

In light of the records, the above recognition and judgment of the court below are just, and there is no error of law in the misapprehension of facts due to the violation of the rules of evidence, or in the misapprehension of legal principles as to the constructive gift under Article 32-2 of the former Inheritance Tax Act, and the party members pointing out the theory cannot be a proper precedent in this case,

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)