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Main Issues
(a) Nature of the reservation for sale of industrial land;
(b) Article 5 of the Decree on the Reservation of Land for Industrial Purposes and Article 9 of the Enforcement Decree of the same Decree;
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.
Justices Choi Ma-mo (Presiding Justice)