meaning of trust under Article 110 (1) 4 of the Local Tax Act

The purpose of Article 110 (1) 4 of the Local Tax Act is to exclude the case where the trust property is transferred from the trustee or his heir due to the termination or termination of the trust established by the Trust Act from the acquisition subject to acquisition tax. Article 79-3 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 12028, Dec. 31, 1986) is nothing more than clarifying the definition of trust under the provisions of the same Act, which is naturally interpreted.

Article 110 (1) 4 of the Local Tax Act; Article 79-3 of the Enforcement Decree of the former Local Tax Act

Supreme Court Decision 81Nu212 Decided March 8, 1983 82Nu73 Decided September 27, 1983

Plaintiff

Head of Busan Metropolitan City, Busan Metropolitan Government

Daegu High Court Decision 86Gu50 delivered on June 3, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

The purpose of Article 110(1)4 of the Local Tax Act is to exclude the acquisition of trust property from the acquisition of the trust property where the trust property is transferred from the truster or his heir due to the termination or termination of the trust established by the Trust Act. Article 79-3 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 12028, Dec. 31, 1986) is merely a clear interpretation of the definition of trust under the provisions of the same Act (amended by Presidential Decree No. 12028, Sep. 27, 1983; 81Nu212, Mar. 8, 1983).

According to the reasoning of the judgment below, the court below, based on the evidence adopted by the court below, found that the plaintiff and the non-party were entitled to transfer the ownership of the above real estate from the trustee due to the termination or termination of the trust under Article 110 (1) 4 of the Local Tax Act, where the plaintiff transferred the trust property from the trustee due to the termination or termination of the trust under Article 110 (1) 4 of the Local Tax Act to the truster, and this cannot be deemed as a new acquisition of real estate, and it cannot be viewed as a new acquisition of real estate, and the defendant's taxation of this case is legitimate since the above taxation of this case is not in violation of the principle of substantial taxation on the ground that the non-party and the non-party decided to transfer the ownership of the above real estate due to the termination or termination of the trust under a title trust.

In light of the records, the court below's determination of facts and determination are just in accordance with the legal principles as seen earlier, and there is no error of law such as misapprehension of legal principles.

We cannot accept the conclusion of the judgment of the court below on the ground that the above different views are inconsistent with the judgment of the court below, and the precedents required for discussion conflict with this case, and thus cannot be an appropriate 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 Yellow-ray (Presiding Justice)