Extinctive prescription of national tax collection right is interrupted by seizure.

From the day following the due date of the tax payment, the seizure disposition is suspended before the five-year period from the day following the due date of the tax payment and the registration of seizure is completed.

2014 Ghana 4392 Seizure Cancellation

Section AA

Korea

October 29, 2014

November 12, 2014

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Cheong-gu Office

The defendant will implement the procedure for cancellation registration of seizure registration completed on April 29, 1992 by the Daegu District Court Permanent Residence Registry for the plaintiff as to each real estate listed in the attached list.

1. Determination as to the cause of claim

A. The plaintiff's assertion

The Defendant’s right to collect the national tax against the Plaintiff has already expired since the five-year prescription period has already expired since the Defendant’s registration of seizure on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as the Plaintiff’s owner has already been expired. As such, the Plaintiff sought cancellation of the registration of seizure against the Defendant.

B. Determination

Comprehensively taking account of the purport of the entire arguments in the statement No. 1-1 through 3 and No. 1-2, the Plaintiff’s each of the instant real estate on October 1, 1991, and the Defendant may recognize that the Plaintiff had completed the registration of ownership transfer on October 1, 1991, the payment deadline for the transfer income tax of 38,976,280 won and additional dues (hereinafter “the transfer income tax of this case”) on January 31, 192, and it is apparent that the period of five years has elapsed from the following day of the payment deadline for the transfer income tax of this case.

However, comprehensively taking account of the overall purport of the arguments in the statement No. 1-3 of the evidence No. 1-3, the Defendant, on April 24, 1992, issued a seizure disposition on each of the instant real estate owned by the Plaintiff on the ground of delinquency in payment of the transfer income tax of the instant case, and accordingly completed the seizure registration on the 29th of the same month. Accordingly, the Defendant’s right to collect national tax was suspended. Accordingly, the Plaintiff’s above assertion is difficult to accept.

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

(c)