Since the trust property is still registered in the name of the trustee, the person liable to pay property tax is the trustee.

Even if the trust relationship is terminated, it is deemed that the trust relationship still exists with respect to the trust property for which a registration has been made in the name of the trustee as of the tax base date.

2016Guhap52613 Revocation of Disposition of Imposition of Comprehensive Real Estate Tax

OOO-Regional Housing Association

head of Dongjak-gu Tax Office

October 4, 2016

November 10, 2016

1. On November 15, 2015, the Defendant revoked the imposition of gross real estate tax of KRW 000,000,000 on the Plaintiff for the year 2015.

The same shall apply to the order of the Gu office.

1. Details of the disposition;

A. The Plaintiff is an organization established for the purpose of carrying out apartment development projects that build 24 square and 34 square and 512 units of apartment units in the Seoul OOO-dong land (hereinafter “instant project site”), or there is no small authorization for the establishment of a regional housing association under the Housing Act.

B. On August 28, 2012, the Plaintiff reported and paid acquisition tax on 49 real estate including 33 parcels of land, the OOO-dong OO-dong OO-dong, Seoul, and accordingly, the head of OO-gu Seoul Metropolitan Government imposed property tax, etc. on the Plaintiff on the Plaintiff on the total of 58 parcels of land including 49 parcels of land (hereinafter referred to as “each parcel of land”). Based on the notification data from the head of OO-dong, the Defendant decided and notified the Plaintiff on November 16, 2015, the comprehensive real estate holding tax amounting to 224,684,360 won, special rural development tax, and special rural development tax amounting to 44,936,870 won for the Plaintiff on November 28, 2016 (hereinafter referred to as “disposition”). The Plaintiff dissatisfied with the instant disposition and filed an appeal with the Director of the Tax Tribunal on January 28, 2016.

2. Whether the disposition of this case is lawful

(a) Relevant statutes;

It is as shown in the attached Form.

B. Determination

A) The main text of Article 107(1) of the Local Tax Act provides for a person who actually owns the property as of the property tax assessment basis date as a person liable to pay property tax. However, in the case of trust property registered under the name of the trustee pursuant to the Trust Act, the "trustee" is defined as a person liable to pay

6. On May 28, 2004, AAAA entered into an agreement with BB to purchase the instant project site and dispose of and trust property to BB, based on the overall purport of Gap evidence 2-1 to Eul evidence 2-3, Gap evidence 17, Eul evidence 17, and Eul evidence 17. The seller of each land of this case entered into a contract with the plaintiff for enforcement of the project of this case on behalf of BB, and two BB trust, etc. were to purchase the instant land within the instant project site from November 2002 to June 205, 2005, and the seller entered into a contract with the Seoul District Court to modify the trust registration of the trust property under the name of the beneficiary of this case on the grounds of the above trust agreement, and completed the registration of the trust property under the name of BBB trust as the beneficiary of this case on the grounds of the cancellation of the trust registration of the trust property under the name of BBO and the trust registration of the beneficiary of this case.

According to these facts, as of June 1, 2015, the trust relationship between the Plaintiff and the former trustee, as of June 1, 2015, which is the assessment basis date of the comprehensive real estate holding tax for the year 2015, has been actually terminated, but still continued to remain without cancelling the registration of the name of BBB trust for each of the instant lands. (B) Therefore, it is questionable whether the taxpayer of each of the instant lands should be deemed the Plaintiff as the actual owner of each of the instant lands, or whether it should be deemed the former trustee, registered as the owner of the register as the owner of the register in the form of the registry.

However, as seen earlier, Article 107(1)3 of the Local Tax Act explicitly states that the trustee is liable to pay the property tax in the case of the trust property registered under the name of the trustee pursuant to the Trust Act. Article 101 of the Trust Act explicitly provides that if the trust is terminated pursuant to Article 101(3) of the Trust Act, the trust property shall belong to the truster, and even if the trust property is transferred to the truster, the trust shall be deemed to exist until the trust property is transferred to the truster. In light of the language, purport, etc. of each provision, even if the trust relationship is de facto terminated, it shall be deemed that the trust relationship still exists with respect to the trust property whose name is registered under the name of the trustee as of the tax base date. Therefore, it is reasonable to deem that the person liable to pay the comprehensive real estate holding tax for each land of this case is a

C) Therefore, the disposition of this case where the plaintiff, who is not BBB trust, was mistakenly designated as a taxpayer, is unlawful, and the plaintiff's assertion pointing this out is with merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.