The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Article 105 of the former Local Tax Act (amended by Act No. 7678 of Aug. 4, 2005; hereinafter the same) provides that acquisition tax shall be imposed on the purchaser of real estate, etc., and Article 105 of the former Local Tax Act provides that acquisition tax shall be imposed on the purchaser of real estate, etc.

In light of the above provisions, where a purchaser concludes a sales contract on real estate and pays all the purchase price prior to the registration of transfer of ownership, the liability to pay acquisition tax under Article 105(2) of the former Local Tax Act is established on the date of actual balance payment. Such legal doctrine applies likewise to cases where a person who actually acquired real estate by paying the purchase price in full has completed the registration of transfer of ownership under the name of a title trustee pursuant to a three-party registered title trust agreement (see, e.g., Supreme Court en banc Decision 2014Du4310, Mar. 22, 2018). The lower court acknowledged the fact that the Plaintiff purchased the instant land from C on November 6, 2003 and completed the registration of transfer of ownership under the name of the Plaintiff on January 8, 2004, and thereafter, the Plaintiff acquired all the rights to the instant land by paying KRW 2,494,415,00 to resolve the title trust relationship with the Plaintiff.

Then, the lower court, on July 15, 2010, is obligated to pay acquisition tax as the Plaintiff acquired all rights to the instant land by paying the price thereof to Company B and acquiring it by transfer, and even if the Plaintiff reported and paid acquisition tax at the time of completing the registration of transfer of ownership in its name on January 8, 2004 according to the title trust agreement, it does not constitute the said acquisition.