Whether acquisition tax is levied or not in the case of transfer of ownership due to termination of title trust of real estate (affirmative)

It is reasonable to interpret that the acquisition of real estate under Article 105(1) of the Local Tax Act, which provides for liability to pay acquisition tax, includes all cases of acquisition of real estate in the form of transfer of ownership, regardless of whether the acquisitor of real estate actually acquires ownership, so that the acquisition of real estate through title trust falls under this category, if the title truster of real estate has completed the registration of transfer of ownership due to the termination of trust with respect to the real estate under the name of the trustee, such acquisition of real estate shall not be deemed an acquisition under Article 110(1)4 of the Local Tax Act subject to exemption of acquisition tax,

Articles 105(1) and 110(1)4 of the Local Tax Act

[Plaintiff-Appellant-Appellee] 81Nu212 decided Mar. 8, 1983 (Gong1983,665) (Gong1985,83) 88Nu8098 decided Mar. 28, 1989 (Gong1989,700)

Maximum research;

Head of Busan Metropolitan City North Korea

Busan High Court Decision 88Gu1851 delivered on May 9, 1989

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to the Plaintiff’s ground of appeal:

According to the reasoning of the judgment below, it is reasonable to interpret that real estate acquisition under Article 105 (1) of the Local Tax Act includes all cases of real estate acquisition in the form of transfer of ownership regardless of whether a person who acquired real estate actually acquires ownership, so the acquisition of real estate through title trust also constitutes this. If the plaintiff completed the registration of ownership transfer in the plaintiff's future on the ground of the termination of trust with respect to the shares in the land of this case and the building of this case in the name of transfer of title, the acquisition of such real estate shall not be deemed to constitute acquisition under Article 110 (1) 4 of the Local Tax Act, and the acquisition of such real estate shall be deemed to be a new real estate acquisition, and support the disposition of imposition of acquisition tax therefor. The above judgment of the court below is without merit in the misapprehension of legal principles as it is based on the precedents of party members (see Supreme Court Decisions 81Nu212 delivered on March 8, 1983; 84Nu52 delivered on November 27, 1984; 80Nu89).

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Young-young (Presiding Justice)