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(영문) 서울행정법원 2013.12.03 2012구합20502
부가가치세부과처분취소
Text

1. On November 14, 201, the Defendant imposed a value-added tax of KRW 458,297,460 on the Plaintiff in 2007.

Reasons

1. Details of the disposition;

A. On May 30, 2006, the Plaintiff was a corporation engaged in the housing construction business and the new construction business, and obtained approval from the Daegu Metropolitan City Mayor of Daegu on a plan for the business of newly constructing and selling apartment and its appurtenant and its appurtenant and welfare facilities, consisting of three households on the ground of 370-2 and 13,702.7 square meters (hereinafter “instant land”).

The term "housing sale trust standard contract (trust real estate)" means the land (including access roads and land subject to donation under the approval of the project plan; hereinafter referred to as "land") recorded in the list of real estate acquired by the plaintiff for a housing construction project after obtaining approval of the project plan pursuant to the provisions of Article 16 of the Housing Act and the building constructed or constructed on such land.

Article 2 (Purpose of Trust) The purpose of this trust is to manage, sell and dispose of trust real estate (including transfer of ownership of land or housing; hereinafter the same shall apply) for the purpose of the sale guarantee (referring to the performance of sale or refund) of the house guarantee under Article 106 (1) 1 (a) of the Enforcement Decree of the Housing Act when the Plaintiff constructed houses and ancillary and welfare facilities (hereinafter referred to as “house”) on land to perform the sale contract to several buyers, or the Plaintiff is unable to perform the sale contract.

Article 5 (Construction and Sale of Housing) (1) The plaintiff shall construct and sell housing as a project undertaker.

(2) The plaintiff shall necessarily obtain a guarantee for the sale of housing units before the sale under paragraph (1).

Article 6 (Succession Business, etc.) (1) Where a plaintiff performs a succession business, such as filing an application for change of a business entity as a person designated by the Korea Housing Guarantee or the Korea Housing Guarantee because the performance of a contract for sale is deemed impossible due to dishonor, bankruptcy, company reorganization procedure, application for commencement of composition, etc.,

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