Article 104-19 of the Act on Restriction on Special Cases Concerning Taxation stipulates that if a housing construction project operator acquires land to construct housing and obtains approval for its project plan within five years from the acquisition date, the land is exempt from the aggregate taxable basis for comprehensive real estate holding tax. Facing difficulties in obtaining project approval within five years from the date of the land exchange, Client decided to sell the newly acquired site and paid the reduced comprehensive real estate tax and additional tax that had been granted.

DR & AJU, acting as the legal agent for Client, argued meticulously from both factual and legal perspectives that Client cannot be held responsible for not obtaining approval for its project plan, citing legitimate reasons. As Client’s representative, we assisted in securing a refund of billions of won, including overpaid comprehensive real estate tax, additional tax, and refundable surcharges.