1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is an individual entrepreneur who has been engaged in the business of manufacturing hydrotensions equipment from October 5, 2010 to B.

B. On August 3, 2012, the Plaintiff newly built a building 2,332.02 square meters and 970.56 square meters on the above land on January 30, 2013 and June 24, 2013 (hereinafter “the instant real estate”) after acquiring C’s land for factory in Jinju-si, and thereafter constructing a new building on the above land.

C. The Plaintiff was exempted from acquisition tax, etc. by the Defendant on the ground that the instant real estate constitutes real estate acquired by a person who seeks to construct a new industrial building, etc. in an industrial complex pursuant to Article 78(4) of the former Restriction of Special Local Taxation Act (amended by Act No. 12175, Jan. 1, 2014; hereinafter the same).

On December 30, 2013, the Plaintiff acquired 100% of the shares issued by the said corporation by investing the instant real estate in kind in D Co., Ltd. (hereinafter “instant corporation”) and completed the registration of ownership transfer on March 25, 2014 by the said corporation as investment in kind.

(hereinafter “instant investment in kind”) e.

On August 9, 2016, the Defendant imposed acquisition tax of KRW 132,848,780, special rural development tax of KRW 6,876,30, and local education tax of KRW 9,674,840 on the Plaintiff on August 9, 2016, on the ground that the Plaintiff sold the instant real estate for not less than two years from the date of use without using it

(f) The Plaintiff filed an appeal with the Tax Tribunal on November 3, 2016, but was dismissed on February 28, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The key issue of the instant case is, in the event that the Plaintiff acquired real estate in an industrial complex and used it directly for less than two years, invested in kind the said real estate for the purpose of corporate conversion, Article 78(5) of the former Restriction of Special Local Taxation Act.