부가가치세환급거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On February 2007, the Plaintiff obtained a license for reclamation of public waters from the Do Governor of Sejong-do on the ground that the reclamation area was 96,308 square meters of the public waters, the reclamation area was 96,308 square meters, and the reclamation purpose was the construction site of shipbuilding facilities.
(2) The Plaintiff, while performing the reclamation work on the reclaimed land of this case, suspended the construction work on June 2009.
B. On October 20, 2009, the Plaintiff entered into a contract with D (the trade name at the time was “C”; hereinafter “C”) and “C” with which the Plaintiff invested the instant reclaimed land in kind with C, and “C shall issue 1,888,095 common shares at par value to the Plaintiff.”
Accordingly, on November 13, 2009, the Plaintiff invested the reclaimed land in kind in C (hereinafter “instant investment in kind”) and C issued the common share 1,888,095 shares to the Plaintiff on November 18, 2009.
C. On March 26, 2010, the Plaintiff filed a revised return on value-added tax with the Defendant on March 26, 2010, pursuant to C’s opinion that the instant investment in kind constitutes a taxable object of value-added tax (hereinafter “the revised return of this case”). The amount was 1,012,679,753 won by adding value-added tax to KRW 944,047,50 and each additional tax.
After the above declaration, the Plaintiff paid the Defendant the sum of the above value-added tax and the respective additional tax on July 21, 201, as well as KRW 1,012,679,753.
On August 22, 2011 after the Plaintiff paid value-added tax, etc. as above, the Plaintiff applied for a payment order against C to the effect that the principal amount claimed is KRW 944,047,600 (Seoul Southern District Court 201j13401). On September 8, 2011, the court issued a payment order with the same content as the above application, and issued the payment order on October 5, 201.
C, however, on December 6, 2013, is the payment order against the plaintiff.