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(영문) 울산지방법원 2016.02.04 2015구합5584
재산세부과처분취소
Text

1. As to the Plaintiff, the imposition of property tax of 6,364,320 won by the head of Ulsan Metropolitan City on September 4, 2014 by the head of Ulsan Metropolitan City is six.

Reasons

Details of the disposition

The Plaintiff is a corporation that has completed the registration of incorporation on August 18, 1983 with investments from the Government of the Republic of Korea and the Korea Electric Power Corporation in order to promote the convenience of people's lives and to contribute to the improvement of public welfare by establishing a foundation for the long-term supply of gas. As of June 1, 2014, a major shareholder as of June 1, 2014 is the Government 26.15%, Korea Electric Power Corporation 20.47%, local government 7.93% (Seoul Special Metropolitan City 3.34%, Gyeonggi-do 1.02%, Incheon Metropolitan City 0.57%, Incheon Metropolitan City 0.57%, Busan Metropolitan City 0.5%, 0.35%, Jeonnam-do, Daegu Metropolitan City 0.34%, 0.32%, Gwangju Metropolitan City 0.28%, 0.26%, Cheongju-do 20%, 10.6%, Cheongnam-do.

Pursuant to Article 10 of the Seoul Special Metropolitan City Ordinance on the Reduction and Exemption of the Gun Tax (amended by the Ordinance No. 681 of the Ulsan Metropolitan City, Dec. 27, 201), Defendant Ulsan Metropolitan City North Korea (hereinafter “the head of Defendant North Korea-gu”) has reduced or exempted property tax (excluding the portion of private investment) on real estate located in each jurisdiction owned by the Plaintiff to use directly for its proper duties pursuant to Article 13 of the Seoul Special Metropolitan City Ordinance on the Reduction and Exemption of the Gun Tax, Ulsan Metropolitan City, Ulsan Metropolitan City (hereinafter “instant Ordinance”).

The Defendants against the Plaintiff on the ground that the Plaintiff does not constitute a “stock company under the Commercial Act or an incorporated foundation under the Civil Act established by a local government as a contribution of capital or property” under Article 85-2(3) of the former Restriction of Special Local Taxation Act (amended by Act No. 12955, Dec. 31, 2014; hereinafter “former Restriction of Special Local Taxation Act”). Accordingly, the Defendants are without reduction or exemption for the land located under their respective jurisdiction.

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