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(영문) 서울중앙지방법원 2017.07.20 2016가단5296662

부당이득금반환청구 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs have a number of taxable land and housing subject to comprehensive real estate holding tax, and the chief of the competent tax office under the Defendant’s jurisdiction imposed a disposition on the Plaintiffs on each of the comprehensive real estate holding tax and special rural development tax belonging to the year 201 through 2015 (hereinafter “each of the instant taxation dispositions”), and the Plaintiffs paid the same as indicated in attached Forms 1 through 4.

B. At the time of each taxation in the instant case, Articles 9(3), 14(3) and (6) of the Comprehensive Real Estate Tax Act provide that the tax amount imposed as property tax on the relevant housing, etc. with respect to the tax base of housing, land subject to general aggregate taxation, and land subject to special aggregate taxation (hereinafter “housing, etc.”) shall be deducted from the amount of comprehensive real estate holding tax on housing, the amount of comprehensive real estate holding tax on land, and the amount of special aggregate tax on land (hereinafter “amount of comprehensive real estate holding tax on housing, etc.”). Articles 4-2, 5-3(1) and (2) of the former Enforcement Decree of the Comprehensive Real Estate Tax Act (amended by Presidential Decree No. 26670, Nov. 30, 2015; hereinafter “Enforcement Decree of the instant case”) provide that “the amount of tax imposed as property tax on housing, etc., which is deducted from the amount of comprehensive real estate holding tax on housing, etc. shall be the amount calculated in accordance with the

The amount of property tax (2) imposed on the tax base of housing, etc. as the standard tax rate of property tax on housing, etc. 】 the amount equivalent to property tax on housing, etc. calculated as the standard tax rate of property tax on housing, etc. 】

C. At the time, “the amount equivalent to property tax (B) calculated according to the standard tax rate of property tax on housing, etc. for the tax base of housing” is calculated as follows (hereinafter “the instant Enforcement Rule formula”) written in the method of preparation in Article 5(2) of the Enforcement Rule of the Gross Real Estate Tax Act [Attachment 3].