The meaning of "land on which no land excess profit tax is levied" means "land on which development charges are levied."

Article 5 (1) 3 of the Land Excess Gains Tax Act provides that the land on which the development charges are imposed shall not be subject to the land excess profit tax for the land excess profit from the commencement date to the completion date of the imposition. In this case, the land on which the development charges are imposed means the land provided for the development project subject to the development charges as provided in Article 5 of the former Restitution of Development Gains Act (amended by Act No. 4434 of Dec. 14, 191). As such, the land refers to the land on which the development charges are imposed, which is the subject of the development charges as provided in Article 5 of the former Restitution of Development Gains Act (amended by Act No. 4434 of Dec. 14, 191). Thus, even if the development charges are not imposed on the development project

Article 5(1)3 of the Land Excess Profits Tax Act; Articles 5 and 6 of the former Restitution of Development Gains Act (amended by Act No. 4434, Dec. 14, 1991)

[Defendant-Appellee] The Korea Telecommunication Association (Attorney Lee Young-young, Counsel for defendant-appellee)

Director of the District Office

Seoul High Court Decision 92Gu14399 delivered on May 11, 1994

The part of the lower judgment against the Plaintiff’s failure shall be reversed and remanded to the Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of the supplemental appellate brief).

Article 5 (1) 3 of the Land Excess Gains Tax Act provides that the land on which the development charges are imposed shall not be subject to the land excess profit tax for the land excess profit from the commencement date to the completion date of the imposition. In this case, the land on which the development charges are imposed means the land on which the development charges are imposed under Article 5 of the Restitution of Development Gains Act (amended by Act No. 4434 of Dec. 14, 191). Thus, the land refers to the land on which the development projects are subject to the imposition of the development charges under Article 5 of the Restitution of Development Gains Act (amended by Act No. 4434 of Dec. 14, 191). Thus, the land is the land on which the development charges are imposed, even if the development charges are not imposed on the development projects,

According to the records, since it can be known that the urban planning project for a single parcel of land, including the instant land, constitutes a development project under Article 5 of the Restitution of Development Gains Act, the instant land, which is provided for a development project, shall not be subject to the land excess profit-making tax for the land excess profit from the starting point of imposition to the end of imposition.

Nevertheless, the court below erred by misapprehending the legal principles of Article 5(1) of the Land Excess Gains Tax Act, which affected the conclusion of the judgment, on the ground that the non-party, who is the developer of the development project on the land, etc. of this case, did not actually belong to the development gains on the land of this case, and thus, the land of this case should be imposed even during the period where the development charges are imposed on the land

There is a reason to point this out.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the part concerning the Plaintiff’s failure is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Jong-ho (Presiding Justice)