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(영문) 수원지방법원 2016.01.19 2015구합66210
취득세 등 경정거부처분취소
Text

1. Acquisition tax assessed against the Plaintiff on February 24, 2014, KRW 180,126,00, and local education tax, KRW 18,037,80, as well as KRW 18,00.

Reasons

1. Details of the disposition;

A. The Plaintiff is an incorporated foundation established for the purpose of awarding scholarships and establishing and operating scholarship facilities.

On November 6, 2012, in order to establish and operate a dormitory (hereinafter “instant dormitory”) which is a dormitory to provide accommodation to students from regular Eup/Myeon located in a university located in the Seoul Metropolitan Area (hereinafter “instant dormitory”), the Plaintiff purchased 382-12 and two parcels of land (hereinafter “instant land”) in Ansan-si, Ansan-si, and completed the registration of ownership transfer at around that time, and then exempted the Defendant from liability to pay acquisition tax, etc. by applying for reduction or exemption of local tax pursuant to Article 45 of the former Restriction of Special Local Taxation Act (Amended by Act No. 11618, Jan. 1, 2013; hereinafter the same).

B. On December 16, 2013, the Plaintiff reported and paid acquisition tax of 180,126,00 won, local education tax of 18,037,800 won, and special rural development tax of 9,018,90 won (including additional tax) that was exempted to the Defendant on the ground that “the instant land was not used within one year from the date of its acquisition.”

C. On February 17, 2014, the Plaintiff asserted that the Plaintiff was unable to use the instant land within one year from the date of acquisition, and that this does not constitute grounds for additional collection of acquisition tax, etc. reduced or exempted under Article 94 subparag. 1 of the former Restriction of Special Local Taxation Act, and filed a claim for correction of the purport of seeking the refund of acquisition tax, etc. paid as above. However, the Defendant rejected the Plaintiff’s claim for correction on February 24, 2014, deeming that “the Plaintiff did not directly use the instant land for its proper business within one year from the date of acquisition

(hereinafter “instant disposition”) D.

On November 19, 2014, the Plaintiff filed an objection on May 22, 2014 with the Tax Tribunal for the revocation of the instant disposition. However, the Tax Tribunal rendered a decision to dismiss the said claim on March 31, 2015.

[Ground of recognition] dispute.

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