2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 4, 2016, the Plaintiff comprehensively transferred land in Gangnam-gu Seoul and one building for neighborhood living facilities and one building for housing (hereinafter collectively referred to as “instant real estate”). On April 18, 2016 and July 5, 2016, the Plaintiff filed a preliminary return on the tax base of capital gains and a revised return following the transfer of the instant real estate, and filed a preliminary return on the tax base and a revised return on capital gains pursuant to the transfer of the instant real estate, and the transfer value of the instant real estate was proportional to the standard market price of each land pursuant to Article 100(2) of the former Income Tax Act (Amended by Act No. 13796, Jan. 19, 2016; hereinafter the same shall apply), Article 16(6) of the former Enforcement Decree of the Income Tax Act (Amended by Presidential Decree No. 27245, Mar. 31, 2016; hereinafter the same shall apply), Article 64 of the former Enforcement Decree of the Value-Added Tax Act (Amended by Presidential Decree No.

B. However, according to the appraisal result of the instant real estate performed by the appraiser C of the appraisal office on July 30, 2016 (hereinafter “the appraisal result of this case”), the Plaintiff re-calculated the transfer value of the instant real estate in proportion to each appraisal value of land, neighborhood living facilities, and housing, and filed a claim for correction of KRW 40,331,460 to the Defendant on August 29, 2016, by calculating the transfer value of the instant real estate in proportion to each appraisal value of land, neighborhood living facilities, and housing.

C. The Defendant rejected an application for correction against the Plaintiff on October 20, 2016, on the ground that the appraisal result of the instant real estate was conducted beyond the period stipulated in the main sentence of Article 64 subparag. 1 of the former Enforcement Decree of the Value-Added Tax Act, namely, from July 1, 2015 to June 30, 2016, and that it cannot guarantee accuracy due to a large-scale repair of the instant real estate conducted after it was substantially repaired (hereinafter “instant disposition”).

On January 10, 2017, the Plaintiff rendered the instant disposition to the Tax Tribunal.