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(영문) 창원지방법원 2015.06.09 2014구합21941
재산세부과처분취소
Text

1. The lawsuit of the Plaintiff KSS specialized in the second securitization company shall be dismissed.

2. The plaintiff corporation.

Reasons

1. Details of the disposition;

A. Daol Real Estate Trust Co., Ltd. (the last day of December 6, 2013 was changed to a single asset trust, a stock company; hereinafter “Plaintiff trust company”) concluded a real estate security trust agreement (the ownership of real estate, etc. is transferred to a trust company to secure the performance of one’s own obligation, and the trust company means a contract to realize the trust property and return it to the truster if there is any balance after the trust property is repaid to the obligee if the obligation is not performed, while managing it to ensure the performance of one’s own obligation for a certain period on behalf of the obligee who is the first beneficiary, and the trust company means a contract to manage the trust property to maintain the guarantee power of the trust property for a certain period on behalf of the obligee who is the first beneficiary; hereinafter “instant trust agreement”. Each real estate stated in attached Table 1 “taxable property”, which is the property subject to the instant trust agreement, was entrusted with the instant trust property.

B. Article 107(1) main text of the former Local Tax Act (amended by Act No. 12153, Jan. 1, 2014; hereinafter “former Act”) provides that “A person who actually owns property as of the property tax base date shall be liable to pay property tax.” Article 107(2)5 of the same Act provides that “Notwithstanding paragraph (1), in the case of trust property registered under the name of a trustee pursuant to the Trust Act, the truster shall be liable to pay property tax.” In the case of trust property, the truster is not the trustee, but the truster was determined as the truster.

However, Article 107(2)5 of the Local Tax Act (amended by Act No. 12153, Jan. 1, 2014; hereinafter “amended Act”) deletes Article 107(2)5, while the main text of Article 107(1) provides that “any person who actually owns property as of the property tax base date shall be liable to pay property tax.” Article 107(1)3 proviso of the same Act provides that “instant provision.”

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