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(영문) 대법원 2018.04.10 2017두74085

취득세 등 부과처분 취소 청구

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Article 58-2(1)1 of the former Restriction of Special Local Taxation Act (amended by Act No. 14477, Dec. 27, 2016; hereinafter the same shall apply) provides that acquisition tax on real estate acquired to directly use, sell, or lease for facilities under Article 28-5(1)1 and 2 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Development Act”) shall be reduced by the main sentence of Article 58-2(1)1 of the same Act (hereinafter “instant mitigation provision”), and the proviso (b) thereof (hereinafter “the instant provision”) shall be reduced by 75/100 prior to the date of sale or extension of a knowledge industry center, or a collection shall be collected for any other purpose within five years from the date of sale or lease.

The purpose of this is to support the development of a knowledge industry center and the smooth establishment of a knowledge industry center by granting tax benefits to those who directly use the knowledge industry center for business facilities or sell or lease it to business facilities by newly constructing or expanding the knowledge industry center. It is clear that the purpose of this is not to give benefits to the construction of a knowledge industry center, but to sell or lease it for other than business facilities.

On the other hand, Article 28-4 (1) of the Industrial Cluster Development Act provides that where a person who has established a knowledge industry center intends to sell or lease the knowledge industry center, he/she shall prepare a public notice plan as prescribed by Ordinance of the Ministry of Trade, Industry and Energy after the commencement of the construction, and shall sell or lease