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(영문) 전주지방법원 2016.03.17 2015구합1103
재산세부과처분취소
Text

1. As to the plaintiff:

A. The head of Jeonju-si, Seoul Special Metropolitan City imposed property tax of KRW 7,995,810 on September 3, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that 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 for the purpose of promoting convenience in people's lives and improving public welfare by laying the foundation for the long-term supply of gas. On June 1, 2014, the property tax assessment basis date for major shareholders as of June 1, 2014, are the Government (26.15%) the Korea Electric Power Corporation (20.47%) the Korea Electric Power Corporation (20.47%) the Seoul Special Metropolitan City 3.34%, Gyeonggi-do 1.02%, Gyeonggi-do, Incheon Metropolitan City 0.57%, Busan Metropolitan City 0.5%, Busan Metropolitan City 0.49%, Daegu Metropolitan City 0.35%, Jeonnam-do, Daejeon Metropolitan City 0.32%, Gwangju Metropolitan City 0.28%, 0.26%, Chungcheong-do 0.26%, Chungcheongnam-do 10.26%, Chungcheongnam-do.

B. Pursuant to Article 8 of the former Ordinance on Reduction and Exemption of Market Price in Jeonju-si (amended by Ordinance No. 2967 of May 14, 2012), pursuant to Article 9 of the former Ordinance on Reduction and Exemption of Market Price (amended by Ordinance No. 1223 of May 9, 2012), the defendant Kim Jong-si-si (amended by Ordinance No. 801 of July 9, 2012), pursuant to Article 10 of the former Ordinance on Reduction and Exemption of Market Price in Jeonju-si (amended by Ordinance No. 801 of July 9, 2012; hereinafter collectively referred to as the “instant Ordinance”), the defendant Kim Jong-si-si has reduced or exempted property tax (excluding the portion of private investment ratio) on real estate located in each jurisdiction of the plaintiff for direct use in its own business.

C. The Defendants, on the grounds that the Plaintiff’s amendment by Act No. 12175, Jan. 1, 2014, effective January 1, 2014, does not constitute “stock companies under the Commercial Act or incorporated foundations under the Civil Act established by a local government with capital or property contributed to a capital or property” under Article 85-2(3) of the Restriction of Special Local Taxation Act, and thus, impose property tax for a building (such as business buildings, gas pipes, water pipes, etc.) located within each jurisdiction on September 2014 without reduction or exemption.

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