Main Issues

(a) Nature of the reservation for sale of industrial land;

Summary of Judgment

The issue of cancellation by the general principles of the Civil Code of the reservation for the sale of industrial land depends on whether the project cost burden corresponds to the so-called beneficiary charge as stipulated in Article 5 of the Decree on the Implementation of the Shipbuilding Land Plan.

[Reference Provisions]

Article 5 of the Decree on the Market Price of Shipbuilding, Article 7 of the Enforcement Rule of the Decree on the Market Price of Shipbuilding, Article 9 of the Enforcement Rule of the Decree on the Market Price of Shipbuilding

Plaintiff-Counterclaim Defendant-Appellant-Appellee

Dongyang-si Corporation

Defendant and Counterclaim Plaintiff, Appellee-Appellant

Daegu Market

Judgment of the lower court

Daegu District Court Decision 59No419, 420 delivered on June 1, 1960

Reasons

The defendant's non-performance of the duty to pay charges under Article 5 of the former Enforcement Decree of the Act on the Prevention of Sale of Land and Casualty and the Prevention of Sale of Land and Casualty and the Prevention of Sale of Land and Casualty and the Prevention of Sale of Land and Casualty and the Prevention of Sale of Land and Casualty and the Prevention of Land and Casualty and the Prevention of Land and Casualty and the Prevention of Land and Casualty and the Prevention of Land and Casualty and the Prevention of Land and Casalty and the Prevention of Land and Casalty and the Prevention of Land and Casalty and the Prevention of Land and Casty.