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(영문) 서울고등법원 2015.04.09 2014누42843
재산세등부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s property tax amounting to KRW 52,656,760 for the year 2012 against the Plaintiff on September 27, 2012;

Reasons

1. Details of the disposition;

A. On February 9, 1970, the former Urban Planning Act, which was in force on February 9, 1970, was repealed by the enforcement of the National Land Planning and Utilization Act (Act No. 6655, hereinafter “National Land Planning Act”) as of January 1, 2003, Article 6655 of the Addenda of the Act provides for a general transitional provision that “The decision-making procedure under the former Urban Planning Act at the time of enforcement of this Act and other acts shall be deemed to have been performed under the provisions of this Act” under Article 10 of the Addenda of the Act.

Based on the notification of the Ministry of Construction and Transportation, it was determined as urban planning facilities along with the surrounding land under subparagraph 54 of the notification of the Ministry of Construction and Transportation. On November 8, 1989, the topographical map was publicly announced under Article 1588 of the notification of the Incheon Metropolitan City and Metropolitan Cities (hereinafter “previous urban planning decision”), and the Plaintiff completed the registration of ownership transfer on the instant land as of December 29, 2001.

B. In accordance with the purport of the Constitutional Court Order 97HunBa26 dated October 21, 199, which pointed out the necessity of compensation due to the delay in execution of the determination of urban planning facilities, the Defendant deemed the instant land as land subject to long-term non-execution for at least ten years after the determination of the previous urban planning facilities, and imposed property tax on it by 50% until December 29, 201, based on the Ordinance on Reduction and Exemption of Yeonsu-gu Incheon Metropolitan City as amended on December 29, 200.

C. According to Article 58(1) of the Tourism Promotion Act approved pursuant to Article 54 of the same Act, the head of Yeonsu-gu Incheon Metropolitan City, as of October 10, 201, with the land in this case, the development plan for the Songdo Tourist Complex as applied by the Incheon Tourism Corporation (current was incorporated into the Incheon Urban Corporation; hereinafter the same shall apply) shall be approved pursuant to Article 58(1) of the same Act, when he/she obtained approval for the development plan for a tourist complex pursuant to Article 54(1) of the same Act, he/she obtains authorization for the implementation plan for the urban planning facility project under Article 88 of the National Land Planning Act.

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