logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.12.20 2019나2019144
부당이득금
Text

1. The judgment of the first instance court, including the claims reduced by this court, shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each land indicated as “land for public facilities” in attached Form 3, such as 1, 639, Seo-gu, Seo-gu, Incheon (hereinafter “Seo-gu public facilities land”), 2, 5-32, and 4, including attached Table 5-32, on September 30, 201, the details of payment on the land for public facilities in Jung-gu, Jung-gu and Jung-gu, Incheon, and the details of payment on September 25, 2012, (hereinafter “B-gu public facilities land”; and (c) the land for public facilities in the Seo-gu, Seo-gu, Incheon (hereinafter “instant land”).

B. B. From 2011 to 2012, the head of Seo-gu Incheon Metropolitan City, the head of Seo-gu, Incheon Metropolitan City, on the land of public facilities, the head of Jung-gu, Incheon Metropolitan City imposed property tax and local education tax (hereinafter “instant disposition”), as indicated in the following table, on the land of public facilities, and the Plaintiff paid property tax, etc. upon the Defendants.

The separate tax authority's payment date of property tax or local education tax (won) shall be the date of classifying objects of taxation of the Seo-gu Incheon Metropolitan Government's land for public facilities in Seo-gu, Incheon Metropolitan Government in September 30, 2011; 2,115,685, 267 423,14,621 totaling 2,24,222,86,86 48,822,145, 2012 among part of the public facilities among the land of Seo-gu, Seo-gu, Incheon Metropolitan Government in September 30, 2011; however, an application for change shall be filed in accordance with the Plaintiff's statement of claim and claim amount as 6,506 won on August 24, 2018, while an application for change shall be filed as 6,506 won on August 24, 2018.

The land of public facilities of the Seo-gu head of Seo-gu Incheon Metropolitan Government on September 25, 2012, 139,468,494 27,893,693, and the land of public facilities of Jung-gu, Jung-gu, Jung-gu, Incheon Metropolitan Government on September 25, 2012: 2,347,024,024,308,469,298,298, 291, the sum of 2,486,525, 326, 497, 198,495

C. The property tax paid by the Plaintiff was reverted to each Defendant, Seo-gu, Incheon Metropolitan City, and local education tax was reverted to Defendant Incheon Metropolitan City.

On the other hand, the land of the Seo-gu public facilities is the Incheon Metropolitan City Notice No. 2002-168 on July 22, 2002.

arrow