The judgment below

Among the plaintiffs and the plaintiffs' successors, the part against the defendant is reversed, and this part of the case is remanded.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Prior to the amendment by Act No. 8665 of Oct. 17, 2007, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor in a special supply contract for housing sites concluded between the person subject to the relocation measures and the project executor

c. Article 2(1) of the former Land Compensation Act

If a person subject to measures for resettlement pays to a project implementer the cost of installing basic living facilities by including the cost of installing basic living facilities as set forth in Article 78(4) in the sale price, the part that included the cost of installing basic living facilities in a special supply contract in the sale price is null and void in violation of Article 78(4) of the former Land Compensation Act, which is a mandatory law (see, e.g., Supreme Court en banc Decision 2007Da63089, 63096, Jun. 23, 2011). Meanwhile, where a project implementer sets the sale price of a reresident’s housing site at a certain amount at a discount from the cost of creating a housing site, the sale price should be determined whether the cost of installing basic living facilities exceeds the “amount obtained by deducting the cost of installing basic living facilities from the cost of creating the housing site” and the scope thereof should be determined

In such a case, Article 78(4) of the former Land Compensation Act prohibits a project operator from paying the cost of basic living facilities to a person subject to the relocation measures, but does not stipulate the details of the cost that can be actively charged to or the purchase price that can be charged to the person subject to the relocation measures. Thus, among the housing site development cost that the project operator used as the basis for the determination of the sale price of the housing site for the actual migrants, the amount of "the amount calculated by deducting the cost of basic living facilities from the housing site development cost" should be calculated in such a way as to deduct the items corresponding to the cost of basic living facilities from the cost of basic living facilities from the cost of housing site development cost.