Seoul High Court 2015Nu33679 ( October 23, 2015)

(Incompetence of Trial) Since the nominal owner and the actual owner are different, the nominal owner may receive a donation from the actual owner.

(1) The non-party’s claim that the shares of this case are owned by the plaintiff is not acceptable since the non-party’s capital increase payment for the capital increase was made in the name of the company that actually exercised management rights.

Legal fiction of donation of title trust property under Article 45-2 of the Inheritance Tax and Gift Tax Act

2015du57253 Revocation of Disposition of Imposition of Gift Tax

CivilAA

○ Head of tax office

Seoul High Court Decision 2015Nu33679 Decided October 23, 2015

February 25, 2016

The appeal is dismissed.

Costs of appeal are assessed against the Plaintiff

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.