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(영문) 서울고등법원 2016. 08. 26. 선고 2016누31830 판결
(1심판결과 같음) 재단법인의 토지처분에 관한 주무관청의 유효한 허가가 있는 때 실체관계에 부합하는 등기가 됨[국패]
Case Number of the immediately preceding lawsuit

Seoul Administrative Court-2015-Gu Partnership-72757 ( December 11, 2015)

Title

(See the judgment of the court of first instance) is registered in accordance with the substantive relations when the effective permission of the competent authority to dispose of the land of an incorporated foundation is granted.

Summary

It is reasonable to deem that the ownership transfer registration is acquired by registration consistent with the substantive relationship only with the valid permission of the competent authority for the disposal of the land in this case. Therefore, it cannot be deemed that the land was acquired before the date of permission for amendment

Related statutes

Special Taxation for land acquired by a housing construction business operator under Article 104-19 of the Restriction of Special Taxation Act

Cases

Seoul High Court-2016-Nu-31830 (Law No. 26, 2016)

Plaintiff and appellant

00 Housing Co., Ltd.

Defendant, Appellant

00. Head of tax office

Judgment of the first instance court

Seoul Administrative Court-2015-Gu Partnership-72757 ( December 11, 2015)

Conclusion of Pleadings

December 2, 2016

Imposition of Judgment

on October 26, 2016

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s imposition of comprehensive real estate holding tax for 2010 on July 1, 2014, 1,064, 691,670 won for comprehensive real estate holding tax for 2010 (including additional tax) and special rural development tax for 212,938,330 won for special rural development tax for 201, comprehensive real estate holding tax for 846,036,730 won for special rural development tax for 201 (including additional tax) and special rural development tax for 169,207,340 won for special rural development tax for 201, 84,179,540 won for comprehensive real estate holding tax for 2012 and 168,865,90 won for special rural development

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reason for this decision is the same as the reason for the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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