Whether the taxation imposed by deeming the housing association as an organization that is not a corporation is null and void;

The issue of whether a housing association is an organization recognized as a corporation is a matter of determination on the general legal nature, and the taxation that has been imposed after the interpretation of the law is significant and obvious, and therefore the defect is therefore null and void.

Article 13 of the Framework Act on National Taxes.

1. A. Defendant Republic of Korea: 20,964,440 won to ○○○○○○○○, 21,680,50 won to ○○○○○○○, 20,795,040 won to ○○○○, 5,378,470 won to ○○○○○, 13,378,470 won to ○○○○○, 8,25,610 won to ○○○○, 201,960 won to ○○○○, 13,214,070 won to Appoint, and 20% of the amount to ○○○○ from January 15, 2005 to the date of full completion;

B. Defendant Ansan-si: (a) the amount calculated by the ratio of KRW 1,901,110 to ○○○○○○○, to KRW 2,065,740; (b) KRW 1,901,110; (c) KRW 512,90; (d) KRW 1,246,980 to ○○○○○○; (d) KRW 956,820 to ○○○; (e) KRW 1,841,420 to ○○○; and (e) KRW 1,152,530 to ○○○; and (e) the amount calculated by the ratio of KRW 20% to annual completion from January 17, 2005 to the date of full completion;

sub-payment.

2. The costs of lawsuit shall be borne by the defendants.

3. Paragraph 1 above may be provisionally executed.

The same shall apply to the order.

1. Basic facts

다음의 각 사실은 당사자 사이의 다툼이 없거나 갑 제2호증, 갑 제3호증, 갑 제4호증, 갑 제5호증, 을가 제5호증의 1 내지 8의 각 기재에 변룐 전체의 취지를 종합하면 이를 인정할 수 있다.

A. On December 28, 1992, the plaintiffs (appointed parties) and the designated parties (hereinafter the plaintiffs) are part of the members of the ○○-dong Reconstruction Housing Association (total 57 members of the housing association of this case) established with authorization from the ○○○-dong Housing Construction Promotion Act pursuant to Article 44 of the Housing Construction Promotion Act (hereinafter the "the housing association of this case").

B. After obtaining approval of the project plan on December 21, 1994, the housing association of this case newly constructed an apartment 314 households and a commercial building, and around 197, 57 households of apartment units were sold to the association members. The remaining apartment units and one commercial building were sold to the public. The superintendent of the regional tax office of the regional tax office having jurisdiction over the income tax of the housing association of this case investigated the quality of the housing association of this case, and notified the tax data to the district tax office having jurisdiction over the business income of the housing association of this case that belongs to the association members according

C. In accordance with the above taxation data notification, the competent tax office deemed that the plaintiffs obtained the "business income amount" in 197 as a joint business with other members of the housing association of this case, and on December 28, 2000, the comprehensive income tax belonging to the plaintiffs in 1997 was imposed and notified as shown in the attached Table 1 (hereinafter the "tax disposition in this case"). The district tax office that did not pay it, which did not notify the plaintiffs of seizure and public auction, made each of the relevant comprehensive income tax payment on each payment date listed in the attached Table 1.

D. In addition, Defendant ○○○○ City had the Plaintiffs respectively pay the resident tax to be imposed on the income tax according to the instant taxation, and the Plaintiffs paid the relevant resident tax on each payment date listed in the separate sheet No. 1.

2. The assertion;

A. The plaintiffs' assertion

Although the plaintiffs correspond to the "organization deemed as a corporation" under Article 13 of the Framework Act on National Taxes, the defendants found the housing association in this case to be the "organization which is not a corporation" and thus imposed income tax on the plaintiffs who are union members because they obtained the business income of the association. Thus, the tax disposition in this case is null and void as the defects are significant and obvious, and the return and payment of income tax is null and void as well as the return and payment of income tax are null and void as the defendants are liable to return the paid tax

B. The defendants' assertion

Defendant Republic of Korea asserts that even though the instant housing association obtained the authorization of the competent market, it constitutes a “organization which is not a juristic person but which is not a juristic person,” and thus, the instant taxation is lawful, and that even if the instant taxation is illegal, it cannot be seen that the defect is apparent even if it is illegal, the instant taxation is not void.

Defendant ○○○○ asserts that the disposition of imposition of global income tax imposed on the Plaintiffs is legitimate, unless the disposition of imposition of global income tax imposed by the Republic of Korea against the Plaintiffs is revoked.

3. Determination

A. Determination on the claim against Defendant Republic of Korea

(1) Whether the instant taxation disposition was unlawful

(A) In full view of the details of the instant taxation and the arguments made by the Defendant Republic of Korea, the instant housing association was not a “unincorporated organization deemed a corporation” under Article 13(1)1 and (4) of the Framework Act on National Taxes, and the instant housing association, under Article 2 of the former Enforcement Rule of the Income Tax Act (amended by Ordinance of the Ministry of Finance and Economy No. 202 of Apr. 30, 2001; hereinafter the same) on the premise that the instant housing association is a resident under Article 1(1)1 and (3) of the Income Tax Act, based on the premise that the instant housing association is not a “organization deemed a corporation” under Article 13(1)1 and (4) of the Framework Act on National Taxes, and thus, the instant housing association was appointed

(B) Relevant laws and regulations

(1) Article 13 (1) of the Framework Act on National Taxes: An unincorporated association, foundation, or other organization (hereinafter referred to as an "organization without legal personality") which falls under any of the following subparagraphs shall be deemed a juristic person and subject to the provisions of this Act and other tax-related Acts:

1. Unregistered associations, foundations or other organizations which are established with permission or authorization of the competent authorities or registered with the competent authorities under Acts and subordinate statutes;

(2) Paragraph (4) of the same Article: The liability for the national taxes of an organization without a legal personality, which is deemed as a juristic person under paragraphs (1) and (2) of the same Article (hereinafter referred to as "organization deemed as a juristic person"), shall be discharged

(3) Article 1 of the Corporate Tax Act: The definitions of terms used in this Act shall be as follows:

2. The term "non-profit domestic corporation" means a domestic corporation which falls under any of the following items:

(c) Organizations treated as corporations under the provisions of Article 13 (4) of the Framework Act on National Taxes (hereinafter referred to as “organizations treated as corporations”);

(4) Article 2 (Tax Liability) (1) of the same Act: The following corporations shall be liable to pay corporate taxes on their income under this Act:

3. Domestic corporations.

(5) Article 3 (1) of the same Act: Corporate tax shall be imposed on the following incomes: Provided, That for non-profit domestic corporations and foreign corporations, it shall be imposed only on income under subparagraph 1:

1. Income for each business year; and

(6) Article 1 (Tax Liability) (1) of the Income Tax Act: Any individual falling under any of the following subparagraphs shall be liable to pay the income tax on his respective income under this Act:

1. Any individual who has a domicile in Korea or has a domicile in Korea for not less than one year (hereinafter referred to as "resident");

(7) Paragraph (3) of the same Article: An unincorporated association, foundation or other organization, other than an organization deemed a corporation under Article 13 (4) of the Framework Act on National Taxes (hereinafter referred to as an “organization deemed a corporation”), shall be deemed a resident and subject to the application of this Act.

(8) Article 2 of the Enforcement Rule of the former Income Tax Act (Classification of Unincorporated Organizations): Organizations, other than organizations deemed corporations under Article 13 (1) and (2) of the Framework Act on National Taxes, whose representative or manager is appointed, but whose method of profit distribution or ratio of profit distribution is not determined, shall be deemed one resident and subject to the application of the Act.

(C) Determination

Article 44 (1) of the Housing Construction Promotion Act provides that a cooperative shall obtain authorization from the competent Mayor, etc. when it intends to build its members' housing. In this case, the competent Mayor, etc. shall be deemed to fall under the permission or authorization from the competent authority under Article 13 (1) 1 of the Framework Act on National Taxes. Thus, a housing association established with authorization from the competent Mayor, etc. in accordance with Article 44 (1) of the Housing Construction Promotion Act shall be deemed to fall under the "organization without a legal personality" under Article 13 (1) 1 and (4)

On the other hand, since the housing association of this case was established with the authorization of the Ansan market pursuant to Article 44 (1) of the Housing Construction Promotion Act, it constitutes "unincorporated organization deemed a corporation" under Article 13 (1) 1 and (4) of the Framework Act on National Taxes, and therefore corporate tax should be imposed pursuant to Article 1 subparagraph 2 (c) and Article 2 (1) 1 of the Corporate Tax Act with respect to such income. Accordingly, the tax disposition of this case is unlawful on the premise that the housing association of this case is a non-corporate entity under Article 13 (1) 1 and (4) of the Framework Act on National Taxes, and that the plaintiffs are residents under the Income Tax Act, and the comprehensive income tax on business income

(2) Whether the defect in the instant taxation disposition is grave and apparent and thus void as a matter of course

First, in order for a taxation disposition to be null and void as a matter of course, the mere fact that there is an illegal ground for the disposition is insufficient. It should be objectively clear that the defect violates the important laws and regulations, and it should be objectively clear whether the defect is significant and apparent. At the same time, the purpose, meaning, function, etc. of the laws and regulations, which serve as the basis for the taxation disposition, should be examined in a teleological context, and a reasonable study on the specificity of the specific case itself is necessary. However, the defect of the taxation disposition against a person who does not have any legal relation or factual relations that are subject to taxation is significant and obvious. However, if there are objective circumstances that make it possible to believe that the defect is subject to taxation due to any legal relation or factual relations that is not subject to taxation, it cannot be said that it is apparent even if the defect is serious.

On the other hand, the defendant Republic of Korea ruled that the housing association of this case is not a "organization without legal personality" under Article 13 (1) 1 and (4) of the Framework Act on National Taxes and it is not a "organization without legal personality" under Article 1 (3) of the Income Tax Act and Article 2 of the former Enforcement Rule of the Income Tax Act. As a reason, Article 2 of the Enforcement Rule of the Income Tax Act provides that an organization without legal personality is a representative or administrator but the method of profit distribution or distribution ratio is not specified as a resident. However, the above Enforcement Rule of the Income Tax Act provides that the representative or manager is appointed from among the "organization other than an organization deemed a corporation" under Article 13 (1) and (2) of the Framework Act on National Taxes, but the method of profit distribution or distribution ratio is not determined as a resident. Thus, it is clear that "organization recognized as a corporation" under Article 13 (1) and (2) of the Framework Act on National Taxes is excluded from the scope of its application, and it is clear that it falls under the issue of tax assessment by the defendant association.

4. Demand against the defendant Ansan-si

A. Relevant provisions

(1) Article 172 (Definitions) of the Local Tax Act: The definitions of terms used in resident tax shall be as follows:

3. The term “pro rata income tax” means the resident tax, whose tax base is the income tax amount payable under the Income Tax Act (excluding the additional tax for unfaithful return for failure to pay the relevant returned tax amount, from among those who make a final return of tax base of the income tax);

(2) Article 177-4(1) of the Act on National Taxes or the Income Tax Act shall be reported to the head of the competent tax office in the form as determined by the Ordinance of the Ministry of Finance and Economy when a person liable to pay income tax returns his income tax. A preliminary return or a revised return is filed, and it shall be paid to the head of the competent Si/Gun (the head of the competent Si/Gun in the case of the Special Metropolitan City

(3) Paragraph (4) of the same Article: In case where the chief of a tax office refunds the income tax that is the tax base for which income tax is to be imposed and collected pursuant to paragraphs (1) and (2), he shall notify the head of Si/Gun having jurisdiction over the place for payment of income tax in the form as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs by the end of the following day.

B. Determination

Since the instant global income tax assessment imposed on the Plaintiffs is identical as recognized earlier, since the defect is significant and apparent, the said assessment by Defendant 00 ○○○○ is also null and void.

5. Amount of unjust gains;

Furthermore, as recognized earlier, the plaintiffs paid global income tax and additional tax as shown in the separate sheet No. 1 to the defendants as well as resident tax, but all of the Defendants' taxation dispositions are null and void. Thus, the defendants are obligated to refund the amount already paid to the plaintiffs and its delay damages. In the case of national tax refund, Article 52 of the Framework Act on National Taxes, Article 30(2) of the Enforcement Decree of the Framework Act on National Taxes, Article 13-2 of the Enforcement Rule of the Framework Act on National Taxes, Article 46 of the Local Tax Act, Article 39 of the Enforcement Decree of the Local Tax Act, Article 46 of the Local Tax Act, and Article 39 of the Enforcement Decree of the Local Tax Act, the amount of 10,000 per day from the date of each payment until March 31, 201, and 16/1000 per day from the following day until April 5, 2002, and the amount of 200/100 from the next day to the date of each payment to the plaintiff No. 2010.3.

6. Conclusion

Therefore, the plaintiff (Appointed party)'s claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

List of Selections

1. ○○○○ (*****************))

○ ○○

2. ○○○○ (*****************))

○ ○○

3. ○○○○ (*****************))

○ ○○

4. ○○○○ (*****************))

○ ○○

5. ○○○○ (*****************))

○ ○○

6. ○○○○ (*****************))

○ ○○

7. ○○○○ (*****************))

○ ○○

8. ○○○○ (*****************))

○ ○○

List 1

Global income detailed details and amount

Date of Payment

Amount to be paid;

The amount of resident tax (won)

Date of Payment

Amount to be paid;

○ ○

14,327,915

.01.31

17,623,250

1,432,790

October 30, 199

1,432,790

○ ○

15,560,116

October 30, 199

16,338,110

1,556,010

October 28, 199

1,556,010

○ ○

14,867,476

october 13, 1999

15,610,840

1,486,740

October 30, 199

1,486,740

○ ○

3,865,073

November 08, 199

4,104,700

386,500

October 29, 199

386,500

○ ○

9,397,183

1, 200.30

10,430,830

939,710

October 30, 199

939,710

○ ○

5,294,259

302.05.30

7,464,860

529,420

302.05.30

865,180

○ ○

13,971,537

oly 2001.31

17,444,020

1,397,150

November 30, 1999

1,397,150

○ ○

9,397,183

December 29, 199

10,092,550

939,710

200.9.30

939,710

2 List

1: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

2,865,550 won

20,964,440 won

1,901,110 won

Amount to be paid

19,056,040 won

17,623,250 won ( January 31, 2001)

1,432,790 won ( October 30, 1999)

Interest Refund Interest Sub-payment System

3,809,510 won

1,338 Dailys

3,341,190 won

1,796 Dailys

468,320 won

Above March 31, 2001 (3/10,000 per day)

534,156 won

59 days;

311,931 won

517 day

22,225 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

1,128,117 won

370 days

1,043,296 won

370 days

84,821 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

894,113 won

361 1 days

827,059 won

361 1 days

67,054 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

1,253,124 won

548 100

1,158,904 won

548 100

94,220 won

From October 15, 2004

Above 2

(10/100 per day)

3 List

2: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

23,746,248 won

21,680,507 won

2,065,741 won

Amount to be paid

17,894,120 won

16,338,110 won ( October 30, 1999)

1,556,010 won ( October 28, 1999)

Interest Refund Interest Sub-payment System

5,852,128 won

1,796 Dailys

5,342,397 won

1,798 Dailys

509,731 won

Above March 31, 2001 (3/10,000 per day)

2,776,310 won

517 day

2,534,040 won

519 Dailys

242,270 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

1,059,331 won

370 days

967,216 won

370 days

92,115 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

839,770 won

361 1 days

766,747 won

361 1 days

73,023 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

1,176,717 won

548 100

1,074,394 won

548 100

102,323 won

From October 15, 2004

Above 2

(10/100 per day)

4 List

3: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

2,696,151 won

20,795,041 won

1,901,110 won

Amount to be paid

17,043,630 won

15,610,840 won ( October 13, 1999)

1,432,790 won ( October 30, 1999)

Interest Refund Interest Sub-payment System

5,652,521 won

1,813 Dailys

5,184,201

1,796 Dailys

468,320 won

Above March 31, 2001 (3/10,000 per day)

2,723,081 won

534 10

2,500,856 won

517 day

22,225 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

1,008,982

370 days

924,161 won

370 days

84,821 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

799,670 won

361 1 days

732,616 won

361 1 days

67,054 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

1,120,788 won

548 100

1,026,568 won

548 100

94,220 won

From October 15, 2004

Above 2

(10/100 per day)

5 List

4: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

50,039 won

5,434,043 won

512,996 won

Amount to be paid

4,491,200 won

4,104,700 won ( November 8, 1999)

386,500 won ( October 29, 199)

Interest Refund Interest Sub-payment System

1,438,839 won

1,788 Dailys

1,332,343 won

1,797 Daily days

126,496 won

Above March 31, 2001 (3/10,000 per day)

686,849 won

509 Dailys

626,787 won

518 Dailys

60,062 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

265,878 won

370 days

242,998 won

370 days

2,880 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

210,771 won

361 1 days

192,633 won

361 1 days

18,138 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

295,341 won

548 100

269,925 won

548 100

25,416 won

From October 15, 2004

Above 2

(10/100 per day)

6 List

5: ○○○○ (****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

14,625,460 won

13,378,476 won

1,246,984 won

Amount to be paid

17,370,540 won

10,430,830 won ( March 30, 2000)

939,710 won ( October 30, 1999)

Interest Refund Interest Sub-payment System

3,274,920 won

1,648 Dailys

2,947,646 won

1,796 Dailys

307,274 won

Above March 31, 2001 (3/10,000 per day)

1,300,441 won

369 10

1,154,692 won

517 day

145,749 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

673,135 won

370 days

617,505 won

370 days

5,630 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

53,618 won

361 1 days

489,518 won

361 1 days

4,100 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

77,726 won

548 100

685,931 won

548 100

61,795 won

From October 15, 2004

Above 2

(10/100 per day)

7 List

6: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

9,212,440 won

8,255,612 won

956,828 won

Amount to be paid

8,330,040 won

7,464,860 won ( May 30, 2002)

865,180 won ( May 30, 2002)

Interest Refund Interest Sub-payment System

82,400 won

857 10

790,752 won

857 10

91,648 won

Above March 31, 2001 (3/10,000 per day)

Won

Daily

Won

Daily

Won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

Won

Daily

Won

Daily

Won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

34,617 won

309 Dailys

299,863 won

309 Dailys

34,754 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

547,783 won

548 100

490,889 won

548 100

56,894 won

From October 15, 2004

Above 2

(10/100 per day)

8 List

7: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

21,943,391 won

20,101,963 won

1,841,428 won

Amount to be paid

18,841,170 won

17,44,020 won ( July 31, 2001)

* 4th installment payment date

1,397,150 won ( November 30, 1999)

Interest Refund Interest Sub-payment System

3,102,221 won

1,157 Dailys

2,657,943 won

1,766 Daily days

44,278 won

Above March 31, 2001 (3/10,000 per day)

204,123 won

Daily

Won

487 10

204,123 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

74,889 won

248 10

692,178 won

370 days

82,711 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

84,215 won

361 1 days

818,647 won

361 1 days

65,568 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

1,238,94 won

548 100

1,147,118 won

548 100

91,876 won

From October 15, 2004

Above 2

(10/100 per day)

9 List

8: ○○○○ (*****************))

Note : ○○○

Classification

Date of Notice and Interest Rate

guidance.

Amount to be paid (unit: won)

Jinay

Interest Number

Global Income Tax

(Date of Payment)

Interest Number

Resident Tax (payment Date)

Total System

14,366,616 won

13,214,073 won

1,152,543 won

Amount to be paid

1,032,260 won

10,092,550 won ( December 29, 199)

939,710 won ( September 30, 200)

Interest Refund Interest Sub-payment System

3,334,356 won

1,737 Dailys

3,121,523 won

1,461 Dailys

212,833 won

Above March 31, 2001 (3/10,000 per day)

1,438,024 won

458 Dailys

1,386,716 won

182 day

51,308 won

From April 1, 2001 to April 5, 2002 (16/100,000 per day)

653,108 won

370 days

597,478 Won

370 days

5,630 won

From April 6, 2002

Until April 1, 2003 (13/1,000 per day)

517,743 won

361 1 days

473,643 won

361 1 days

4,100 won

From April 2, 2003 to September 30, 2004 (12/100,000 per day)* Director (the date of request)

725,481 won

548 100

63,686 won

548 100

61,795 won

From October 15, 2004

Above 2

(10/100 per day)