A. The Plaintiff was a special purpose company established pursuant to the Asset-Backed Securitization Act on December 22, 201, and acquired, on January 12, 2012, at KRW 71.3 billion, securitized assets including loans secured by two parcels of land, including land and its ground buildings (hereinafter “instant real estate”) from the Busan Bank, the asset holder of which, namely, the Plaintiff, the Busan Bank, as the asset holder, under the Act on Asset-Backed Securitization.

B. In order to recover the above loan claims, the Plaintiff directly participated in the auction procedure of the instant real estate in order to recover the said loan claims and subsequently paid the sales price on July 28, 2012 after obtaining the decision to permit the sale on June 21, 2012.

C. On August 30, 2012, the Plaintiff reported and paid acquisition tax, local education tax, and special tax for rural development by reducing or exempting 50/100 of the tax amount pursuant to Articles 120(1)12 and 119(1)13 of the former Restriction of Special Taxation Act (amended by Act No. 10406, Dec. 27, 2010; hereinafter “former Act”) on the basis of acquisition value of the instant real estate as the tax base of KRW 2.9 billion.

On May 10, 2013, the Defendant deemed that the acquisition of the instant real estate does not fall under those subject to reduction or exemption of acquisition tax, and imposed acquisition tax on the Plaintiff (including additional taxes) on the sum of KRW 74,61,200, local education tax of KRW 6,881,120, and special rural development tax of KRW 3,150,560, and KRW 84,642,880, respectively.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1, Eul evidence 1 through 4 (including paper numbers) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Allied Asset Management Co., Ltd., which established the Plaintiff in violation of the principle of trust protection (hereinafter “Allied Asset Management”).

Even if the new law is applied from the Seoul Special Metropolitan City Treasury Tax Department, a special purpose company shall respond to an auction in the course of managing and operating the right to collateral on the basis of the claims acquired from the originator.