The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In order for a rental business operator under Article 2 subparag. 4 of the Rental Housing Act to be exempted from acquisition tax on the acquisition of rental housing pursuant to Article 31(1) of the former Restriction of Special Local Taxation Act (amended by Act No. 11618, Jan. 1, 2013) (hereinafter “instant provision”), a rental business operator under Article 2 subparag. 4 of the Rental Housing Act should either construct a multi-family housing for the purpose of lease, or have a multi-family housing or officetel first sold from a building owner pursuant to

As can be seen, the instant provision provides a rental business operator with benefits from acquisition tax reduction and exemption for rental housing acquired by rental business operator in order to promote the stability of long-term residential life of ordinary people by facilitating the construction and sale of rental housing, but limits the scope of reduction and exemption depending on the specific acquisition method, etc. of rental housing in consideration of

In other words, the former part of the provision of this case limits reduction and exemption to a specific constructed rental house constructed by a rental business operator for the purpose of lease, and the latter part of the provision of this case provides that acquisition tax shall be reduced and exempted only when a rental business operator first purchased a house from a building owner among purchased rental houses acquired through sale and purchase.

In light of the contents, structure, purpose, etc. of the instant provision, “the first purchase of a building from a building owner” as stipulated in the latter part of the instant provision is premised on the sale of a building through a construction act. Therefore, in order for a rental business operator to enjoy benefits from the reduction of acquisition tax under the latter part of the instant provision, he/she should first purchase and acquire rental housing from a building owner in accordance with a sales contract.

2. According to the reasoning of the judgment below and the record, ① The development of C&W oil Co., Ltd is on the fourth ground and above ground.