Whether real estate held in title trust in the "trust property" under Article 32-2 of the former Inheritance Tax Act (Law No. 3197, Dec. 28, 197) includes real estate held in title trust (negative)

The trust property prescribed in Article 32-2 of the former Inheritance Tax Act (Law No. 3197, Dec. 28, 1979) refers to the property for which a trust is established pursuant to Article 1(2) of the Trust Act, and does not include the real estate in title trust.

Article 32-2 of the former Income Tax Act (Law No. 3197 of December 28, 197), Article 1(2) of the Trust Act

Supreme Court Decision 78Nu396 Decided January 16, 1979, 80Nu258 Decided September 30, 1980, Supreme Court Decision 82Nu121 Decided October 12, 1982

[Judgment of the court below]

The Head of Seoul Southern District Office

Seoul High Court Decision 82Gu331 delivered on December 22, 1982

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below held that the non-party 1, who was registered in the name of the non-party 2 as his own child, recognized the fact that the non-party 3 registered the ownership transfer in the name of the plaintiff on September 12, 1980 with respect to the land of this case and that the non-party 1, who is his own child, was not a donation of the above land from the above non-party 1, etc. In light of the records, the court below was just in reviewing the process of cooking the evidence conducted in the above fact-finding, and there was no violation of law by failing to exhaust all necessary deliberations or by violating the rules of evidence or by violating the rules of evidence, and the trust property under Article 32-2 of the Inheritance Tax Act (Law No. 3197 of Dec. 28, 197) which was enforced at the time, refers to the trust property established pursuant to Article 1 (2) of the Trust Act. Accordingly, according to the legal relations recognized by the court below, it cannot be deemed a trust of the registration of ownership transfer under the plaintiff's name.

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 Jeong Tae-tae (Presiding Justice)