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(영문) 대법원 2016.03.10 2014두14129
과징금등부과처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 and 2, the lower court acknowledged the fact that the Plaintiff was notified by the Racing and Tourism Development Corporation on July 18, 1998 that it is possible for the Plaintiff to carry out the procedure for ownership transfer registration, and thereby determined that the Plaintiff did not file an application for ownership transfer registration for the instant

Examining the records in accordance with the relevant legal principles, the above recognition and determination by the lower court are justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the requirements for imposition of penalty surcharges and exceptions under the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), or the legal principles on the interpretation of parties’ intentions and changes

The precedents cited in the grounds of appeal are different from those of this case, and it is not appropriate to invoke this case.

2. As to the ground of appeal No. 3, Articles 10(3) and 5(7) of the Real Estate Real Name Act, Article 3(5) of the Enforcement Decree of the Real Estate Real Name Act provides that matters necessary to impose penalty surcharges on persons whose long-term registration has not been registered shall be in the same manner as local tax is collected, and according to the exclusion period of local tax imposition under Article 38(1)3 of the Framework Act on Local Taxes (Article 30-4(1)3 of the former Local Tax Act before wholly amended by Act No. 10221, Mar. 31, 2010) of the Framework Act on Local Taxes, the exclusion period of five years shall apply to the imposition of penalty surcharges on persons whose long-term registration has not been registered is not registered

However, Article 18(1)2 of the Enforcement Decree of the Framework Act on Local Taxes (wholly amended by Presidential Decree No. 22395, Sept. 20, 2010; Article 14-2(1)2 of the former Enforcement Decree of the Local Tax Act) provides that Article 38 of the Framework Act on Local Taxes shall apply to the date on which the liability to pay local taxes is established.

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