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(영문) 광주고등법원 2015.10.29 2014누5698

부가가치세부과처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph (1);

Reasons

Basic Facts

The Plaintiff entered into a sale guarantee contract, etc. and entered into a refund contract, etc. was the executor of the business (hereinafter “the instant business”) that newly constructs and sells each house and ancillary facilities to each of the instant workplaces (hereinafter “the instant business”). The Plaintiff was the operator of the business that newly constructs and sells 609-1 and 80 lots of land in the Seo-gu, Seo-gu, Gwangju (hereinafter “ Pungam Business”) and 8-2 block (hereinafter “the entire business places”).

Transfer Closing Note

1. Where the plaintiff cannot continue to operate his business any longer due to inevitable reasons such as dishonor, bankruptcy, etc., he shall transfer the following rights related to the additional projects to the house guarantee for the purchaser under the condition that the house guarantee (including the persons designated by the Korea Housing Guarantee and the joint guarantor of the same business; hereinafter the same shall apply) in accordance with the Acts and subordinate statutes related to the construction of housing, the terms and conditions of the sale guarantee, or the bylaws and procedures of the Korea Housing Guarantee.

2. In addition, the Korea Housing Guarantee also changes the name of the proprietor of the project as a house guarantee or continues additional housing projects, even if the consent or consent of the Plaintiff is required, it shall be considered that the consent of the Plaintiff has been obtained as a matter of course, and it promises that the Plaintiff has no objection.

All rights to the project site (referring to the land required for the relevant housing project, such as the site and other donated land) and its related thereto.

(b) All buildings on the ground and underground (including buildings under construction), such as houses, apartments, commercial buildings, model houses, construction management offices, etc., and all rights thereto;

(c) All rights held against the seller and the third party in connection with the sale in lots, such as the right to sell in lots and the right to receive the sale price;

D. On August 29, 2006, all other rights related to a separate project are as follows: (a) the Korea Housing and Urban Guarantee Corporation (the Korea Housing and Urban Guarantee Corporation; hereinafter “Korea Housing and Urban Guarantee Corporation”) around August 29, 2006.