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(영문) 대법원 2016.04.29 2015다13454

부당이득금

Text

All appeals are dismissed.

Of the costs of appeal, Plaintiff A, B, C, D, E, F, G, H, I, J, K, L, M, N and Defendant Sungnam-si.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined that the excess portion constitutes unjust enrichment that the Defendant should return to the Plaintiffs if the actual supply price of the housing site exceeds the legitimate sale price, on the following grounds: (a) the Defendants’ entering into a special sale contract with the person subject to relocation measures, and if the basic living facilities installation costs are included in the supply price of the housing site calculated by the Defendants; and (b) the Defendants should supply the housing site to the Plaintiffs in the remainder of the amount limited to the basic living facilities installation costs; and (c) the legitimate sale price should be calculated in the formula of “total project cost (excluding the cost of relocation measures ? the cost of basic living facilities ± the cost of basic living facilities 】 the cost of basic living facilities 】 the selling area.”

In light of the relevant legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles on the calculation method of unjust enrichment due to the transfer of cost of basic living facilities.

2. As to the ground of appeal No. 2, a road which a project implementer is required to provide a person subject to relocation measures with a basic living facility shall include both the roads corresponding to the arterial facilities prescribed in Article 2 subparag. 8 of the Housing Act, i.e., the roads located outside the relevant housing complex, notwithstanding its length and width (see Supreme Court Decision 2012Da3303, Sept. 26, 2013) and all the roads connecting the roads located outside the relevant housing complex (see Supreme Court Decision 2012Da3303, Sept. 26, 2013), which are installed within the public works zone and are essential facilities for the achievement of functions of the housing complex, etc. and the passage of all the residents in the relevant project zone,