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(영문) 대법원 1987. 1. 20. 선고 86누209 판결

[재산세부과처분취소][공1987.3.1.(795),314]

Main Issues

The meaning of "the date on which construction can be completed as the unit of project is divided" under Article 142 (1) 1 (6) of the Enforcement Decree of the Local Tax Act.

Summary of Judgment

Article 142 (1) 1 (6) (c) of the Enforcement Decree of the Local Tax Act "the date on which construction can be completed as the unit of partition is actually completed" means the date on which construction can be conducted by a land readjustment project, etc. even before a land readjustment project is publicly announced in the case of a land readjustment project, and it is reasonable to view that the construction can be conducted when the relevant land is completed in addition to the land suspension work and road facilities completed

[Reference Provisions]

Article 142 (1) 1 (6) (c) of the Enforcement Decree of the Local Tax Act

Reference Cases

Supreme Court Decision 82Nu58 Decided July 27, 1982 85Nu203 Decided July 9, 1985

Plaintiff, the deceased and the deceased

Plaintiff

Defendant-Appellee

The head of Gangdong-gu Seoul Metropolitan Government

Judgment of the lower court

Seoul High Court Decision 84Gu602 delivered on February 19, 1986

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below recognized the fact that the plaintiff acquired the land of this case on September 15, 1976 was subject to the disposition of designating the land scheduled for substitution on July 18, 1975, and the suspension work and road work was completed on June 25, 1976 and the drainage facility was completed on December 27, 197, and there was no error of law by misunderstanding the rules of evidence, such as the theory of lawsuit, or by incomplete deliberation.

Furthermore, the court below determined that "the date on which a project can be constructed as a unit of partition" in Article 142 (1) 1 (6) (c) (main sentence) of the Enforcement Decree of the Local Tax Act means the date on which a building can be constructed as a result of a land readjustment project, etc. even before a disposition of replotting is publicly announced in the case of a land readjustment project, and on the premise that when a land suspension work and a road facility is completed in addition to the completion of a land readjustment project, it is possible to make a dry side of December 27, 197 before the completion of a land readjustment project, the plaintiff acquired the land in this case after the commencement of a land readjustment project, and therefore the plaintiff should pay a property tax on the public land from the second period of February 15, 1980, which is the starting date of the payment period of the property tax for the second period of September 15, 1980. The court below did not err in the misapprehension of legal principles, based on the precedent (Supreme Court Decision 82Nu588, Jul. 9, 1985).

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 Park Jong-soo (Presiding Justice)