The reduction or exemption shall apply even if approval for use is obtained after the new house acquisition period expires.

Where a sales contract for the remaining house within the new house acquisition period is concluded and a down payment is received from a person other than a member, capital gains tax shall be reduced or exempted for a house acquired by a member even after the new house acquisition period under

Article 99-3 of the Restriction of Special Taxation Act

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

Article 9-3 (1) of the former Restriction of Special Taxation Act (amended by Act No. 6762 of Dec. 11, 2002; hereinafter referred to as the "former Act") provides that the tax amount equivalent to 100/100 of the transfer income tax shall be reduced or exempted for the income accruing from the acquisition of a new house falling under any of the following subparagraphs by a resident to his members within five years from such acquisition date, and the newly-built house acquired from the housing construction business operator in subparagraph 1 shall be for the period from May 23, 2001 to June 30, 203 (hereafter referred to as the "newly-built house acquisition period" in this Article), and the newly-built house (including the house acquired by a housing association under the Housing Construction Promotion Act or a redevelopment association under the Urban Redevelopment Act after its expiration of the newly-built house acquisition period under Article 9-3 (1) of the former Enforcement Decree of the Housing Association Act, and the newly-built house acquisition period under Article 9-13 (1) of the former Enforcement Decree of the Restriction of Special Taxation Act (amended by Presidential Decree No. 9 of the Housing Act).

In light of the fact that Article 99-3 (1) 1 of the former Act does not provide for only the remaining house with the "house prescribed by the Presidential Decree" and the contents of Article 99-3 (3) 2 of the former Enforcement Decree of the same Act, if a housing association, etc. has received the down payment by directly concluding a sales contract for the remaining house within the newly-built house, it is reasonable to view that the so-called house supplied by a member of the housing association, etc. is included in the newly-built house subject to capital gains tax exemption under Article 99-3 (1) 1 of the former Act. Thus, the court below's decision on the issue of this case that the Plaintiff, a member of the association of the association of this case, obtained a provisional use approval from the association of this case on October 31, 2003 after the newly-built house acquisition period, but the above association and a person other than the association of this case concluded a sales contract for the remaining newly-built house under Article 99-3 (1) 9 of the former Act and was unlawful.

Meanwhile, Article 29 (1) of the Addenda to the Restriction of Special Taxation Act (amended by Act No. 6762 of Dec. 11, 2002) is provided for in Article 29 (1) of the Addenda to the Restriction of Special Taxation Act (amended by Act No. 6762 of Dec. 11, 2002), where "a newly-built house for which a sales contract was first concluded with a housing constructor and has paid a down payment is transferred after the enforcement of this Act, notwithstanding the amended provisions of Article 99-3 (1) of the former Act, the previous provisions shall apply to the calculation of income amount subject to reduction and exemption of capital gains tax and transfer income tax. In this case, "high-class housing standards at the time of the payment of the down payment of the down payment" shall apply to the issue of the apartment of this case, in light of the above transitional provisions and the objective interpretation of Article 99-3 (1) of the former Act as to the purport that the above transitional provisions are based on the determination and calculation of capital gains tax reduction and exemption, etc.

The court below did not err in the misapprehension of legal principles as to the interpretation of the above-related statutes.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The decision shall be made in accordance with the text of paragraph (1) 3.