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(영문) 제주지방법원 2020.11.24 2019구합5285
재산세 부과처분 등 취소청구
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 9, 1993, the Plaintiff was established with the trade name “Co., Ltd. B” and changed the trade name on May 31, 2016.

On December 10, 2002, the Governor of Jeju Special Self-Governing Province (hereinafter referred to as the "Do Governor") announced the recruitment of the prospective executor of the D Tourist District Development Project (hereinafter referred to as the "Development Project in this case") with respect to the D Tourist District C in Jeju on December 10, 2002. On April 22, 2003, the Plaintiff was designated as the prospective executor of the Development Project in this case, and on May 4, 2006, the Plaintiff was approved to implement the Development Project in this case from 2006 to 12, 2011 pursuant to Article 59 of the former Special Act on Jeju Free International City (amended by Act No. 7849, Feb. 21, 2006).

On June 26, 2006, the Plaintiff started construction for the instant development project.

B. On April 23, 2008, the Governor designated the Jeju Special Self-Governing Province and the Do Governor revoked the designation of Jeju Special Self-Governing Province as the Jeju Special Self-Governing Province Investment Promotion Zone (hereinafter “D Tourist Investment Promotion Zone”) pursuant to Article 217 of the former Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (amended by Act No. 10701, May 23, 201; hereinafter “former Special Act”).

On February 23, 2017, the Do Governor cancelled the designation of the investment zone of this case (F) in accordance with Article 163 of the current Special Act.

C. The Plaintiff was subject to reduction and exemption of property tax, etc. and additional collection against the Plaintiff, and the Plaintiff was subject to reduction and exemption of property tax and local education tax (hereinafter “property tax, etc.”) on the land and buildings of Gwon owned by the Plaintiff since 2008, to which the date of designation of the instant investment zone belongs (hereinafter “instant reduction and exemption”). The Defendant, on June 8, 2017, on the ground that the designation of the instant investment zone was revoked, since 2012, on the land and buildings of Gwon.

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