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(영문) 수원지방법원 2020.06.04 2019구합70729
취득세등 경정거부처분취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs’ acquisition of real estate and payment of acquisition tax are limited companies established with the purpose of “acquisition and transfer, etc. of bonds, security rights, and other property rights”.

(B) The Plaintiff acquired 5,802.73 square meters (hereinafter “instant 1 real estate”) out of L, etc. 9,278 square meters in the name of the Plaintiff (excluding the part related to “a limited liability company specialized in securitization”). The Plaintiff reported and paid KRW 176,917,090 in total, including acquisition tax, calculated by applying the tax rate under Article 11(1)7 (b) of the former Local Tax Act (amended by Act No. 14475, Dec. 27, 2016; hereinafter the same shall apply) to the acquisition of the instant 1 real estate to the Defendant Ansan City Mayor.

Plaintiff

B acquired 4,020.69 square meters of a building of 12,006 square meters in M, and three parcels (hereinafter “instant 2 real estate”) in a voluntary auction procedure, and reported and paid 184,000,000 won in total, including acquisition tax calculated by applying the tax rate (40/1,00) under Article 11(1)7 (b) of the former Local Tax Act with respect to the acquisition of the instant 2 real estate to the Defendant Sungsung City Mayor.

Plaintiff

C acquired 18,230 square meters (hereinafter “instant three real estate”) out of N in Busan-si, and six parcels (hereinafter “the instant three real estate”), at a voluntary auction procedure, and reported and paid KRW 189,114,470 in total, including acquisition tax, calculated by applying the tax rate under Article 11(1)7 (b) of the former Local Tax Act (40/1,00) with respect to the acquisition of the instant three real estate to the Mayor of Busan-si.

Plaintiff

D paid 3,810,00 won in total, including acquisition tax, calculated by applying the tax rate under Article 11(1)7 (b) of the former Local Tax Act (40/1,000) to the Defendant Pakistan City Mayor after acquiring a parcel of 1,805 square meters of a 1,805 square meters building (hereinafter “the instant 4 real estate”) outside of the Republic of Korea, at a voluntary auction procedure.

Plaintiff

E shall P. E in terms of harmony.

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