1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment on the plaintiff's assertion at the appellate court as stated in the following subparagraphs. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation

2. Judgment on the plaintiff's assertion

A. According to Article 10(5)5 of the Local Tax Act’s summary of the assertion, where acquisition is verified pursuant to Article 5 of the Act on Report on Real Estate Transactions, Etc. after reporting transaction pursuant to Article 3 of the same Act, the acquisition price shall be de facto the tax base.

The plaintiff purchased the land of this case and reported the transaction to the disposition agency, and the result of the transaction feasibility diagnosis was lower than the lower limit, but it was determined as a proper transaction in light of the fact that the sale by permission of the court was conducted without any investigation such as the request for submission of data.

Therefore, since the acquisition of the land of this case has been examined by the transaction report and propriety, acquisition tax should be imposed as the tax base pursuant to Article 10 (5) 5 of the Local Tax Act.

B. Determination 1) Article 111(5)5 of the former Local Tax Act (amended by Act No. 8835 of Dec. 31, 2007) provides that “acquisition price shall be de facto as the tax base of acquisition tax” and Article 130(3) of the former Local Tax Act provides that “acquisition verified pursuant to Article 28 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act by submitting a report under Article 27 of the same Act,” and Article 130(3) of the same Act provides for the same purport as to the tax base of registration tax. In addition, the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 8120 of Dec. 28, 2006; hereinafter “former Report of Real Estate Transactions Act”).

Article 27 (1) shall prepare a contract document related to the sale and purchase of land or buildings.