등록면허세등 부과처분취소등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 22, 2014, the Plaintiff entered into a sales contract with D to purchase KRW 450,00,000 with respect to land (hereinafter “the instant forest”) outside of 36,966 square meters in Kimpo-si, Kimpo-si, and one (hereinafter “the instant forest”) as the owner’s agent, and paid the full amount of the purchase price pursuant to the said sales contract, and completed the registration of ownership transfer in the Plaintiff’s future on October 8, 2014 (hereinafter “the instant registration of ownership”). On October 8, 2014, the Plaintiff applied Articles 10 and 11 of the former Local Tax Act (Amended by Act No. 13636, Dec. 29, 2015; hereinafter the same) to the Defendant as the tax base of acquisition tax, based on the standard market price of KRW 3,490,564,000,000, the total amount of the purchase price of KRW 139,6225,1636,296.
B. E, “C died on September 7, 200, and the Plaintiff purchased the forest land of this case from D who forged the power of attorney of the network C on September 22, 2014 and purchased the forest land of this case as his agent, so the registration of ownership transfer in the Plaintiff’s name should be cancelled due to the invalidity of the cause for the registration of ownership transfer in the Plaintiff’s name,” filed a lawsuit claiming the cancellation of ownership transfer (Seoul Central District Court 2014Gahap584244) against the Plaintiff and won the judgment on June 5, 2015. As the said judgment becomes final and conclusive, the registration of ownership transfer in this case was cancelled on September 18, 2015.
C. On July 13, 2015, the Plaintiff filed a claim for refund of acquisition tax, etc. that was paid at a time pursuant to Article 76(1) of the Framework Act on Local Taxes based on the foregoing judgment. The Defendant: (a) deemed that the Plaintiff’s obligation to pay registration license tax and local education tax was established upon the registration of transfer of ownership in this case; (b) imposed and collected the Plaintiff on August 12, 2014, KRW 69,811,280 as registration license tax and registration license tax and KRW 13,962,250 as local education tax and KRW 160,565,930 as total, including acquisition tax that was paid at the end of August 13, 2014, and KRW 164,291,940 as additional dues.