1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's explanation concerning this part of the disposition is identical to the corresponding part of the judgment of the court of first instance (the second to third to third). Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is identical to the corresponding part of the judgment of the court of first instance (as stated below, from 5 to 6, up to 10 pages) except that the plaintiff's statement about this part of the plaintiff's assertion shall be accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Parts used for repair shall be as follows:

4) In light of the circumstances leading up to the amendment of Article 120(1)9 of the New Act, etc., the part of the penalty tax in this case’s disposition is unlawful.

5) The instant disposition is unlawful since the duty payment notice concerning the instant disposition was partially omitted in matters required by relevant Acts and subordinate statutes, and thus, the instant disposition was unlawful.

B. The content of this part of the pertinent statute is identical to the corresponding part of the judgment of the first instance court (Article 15-17). Thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

C. 1) As to the assertion of reduction or exemption of acquisition tax pursuant to the interpretation of Article 120(1)9 of the former Act, Articles 120(1)12 and 119(1)13 of the former Act (hereinafter “former Act”).

A special purpose company provides that "50/100 of acquisition tax shall be reduced for real estate acquired by a special purpose company by December 31, 2012 when it takes over securitization assets from an originator or another special purpose company, or manages, operates, or disposes of the acquired securitization assets, in accordance with an asset-backed securitization plan."