1. Revocation of a judgment of the first instance;

2. Acquisition tax paid by the Defendant to the Plaintiff on May 8, 2013, KRW 12,193,680, and local education tax.

Details of the disposition

This part of the judgment of the court is identical to the corresponding part of the judgment of the court of first instance (section 4 to Chapter 2). Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Article 120(1)9 of the New Act on the Claim for Reduction and Exemption of Acquisition Tax pursuant to Article 120(1)9 of the Plaintiff’s argument as to the lawfulness of the instant disposition, rather than directly succeeding or acquiring real estate from an originator or a special purpose company, should be interpreted as including cases where a special purpose company takes over a claim secured by real estate from an originator and participates in an auction for the purpose of recovery of claims and acquires the mortgaged real estate at auction (hereinafter “auction acquisition”).

The reasons are as follows.

(1) The asset-backed securitization plan includes matters concerning the management, operation, and management of the securitization assets, such as the acquisition by auction, so the phrase “in accordance with the asset-backed securitization plan registered in accordance with Article 3 of the Asset-Backed Securitization Act” in Article 3 of the aforementioned new

(2) It is difficult to find out in reality that a special purpose company directly succeeds to or acquires real estate from the originator.

Therefore, “real estate acquired from an asset holder or another special purpose company” under the aforementioned new provision refers to “real estate acquired in the course of management, operation, or management of the securitization assets acquired from the asset holder, etc.” and it does not mean “real estate directly acquired from an asset holder or another special purpose company”.

③ In addition, the reduction of acquisition tax reduction benefits of a special purpose company has not been mentioned or discussed in the legislative process of the new law, and the tax authority has reduced or exempted acquisition tax by December 31, 2012.