The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following facts.

The housing site development cost actually paid by the Defendant to the instant project as indicated in the lower judgment is KRW 305,739,038,000 (hereinafter “instant housing site development cost”) which is the sum total of the site cost, land cost, development cost, infrastructure cost, direct labor cost, sale cost, and general labor cost, and capital cost.

B. The Defendant prepared a calculation sheet (No. 1) by which the details of the instant housing site development cost were summarized. Of the cost of basic living facilities included in the instant housing site development cost, the amount (3,197,975,00 won) equivalent to the ratio of the area of the site for relocation measures to the area of the site for relocation measures (3,197,975,00 won) from the area of the site for general supply and the area of the site for relocation measures is classified as “resident relocation cost - site cost, and construction cost” (the amount calculated as above) and then included the amount calculated by deducting the amount equivalent to the relocation cost of this case from the cost of other items, such as “the relocation cost of this case”, “site cost,”

C. The lower court deemed the instant housing site development cost to be the total project cost, and calculated the reasonable sale price for the housing site of migrants in the instant project district based on the remaining amount after deducting the installation cost of basic living facilities recognized by the lower court from the total project cost. The cost of the basic living facilities recognized by the lower court includes all the cost of the basic living facilities, such as site cost and construction cost (individual construction cost) regarding the basic living facilities within the instant project district.

2. According to the above facts, the relocation cost of this case is part of the cost of actual formation of the housing site development cost of this case, and constitutes part of the cost of installation of basic living facilities recognized by the court below. Thus, the court below is related to the relocation site of this case.