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. As to the ground of appeal on the cost of establishing basic living facilities

A. According to Article 78 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665, Oct. 17, 2007; hereinafter “former Public Works Act”), a project operator shall either establish and implement measures for relocation or pay resettlement funds as prescribed by the Presidential Decree for persons subject to measures for relocation (Paragraph 1). The contents of measures for relocation include installation of basic living facilities according to the relevant local conditions, such as roads, water supply facilities, drainage facilities, and other public facilities in the resettlement area, and the costs necessary therefor are borne by the project operator.

(4) Therefore, the project operator is obligated to return the cost of the basic living facilities to the person subject to the relocation measures, if he/she has transferred the cost of the basic living facilities to him/her.

B. Based on its stated reasoning, the lower court determined that the site cost and appurtenant work cost of the water supply site, the pressure plant, the sewage treatment plant, and the traffic plaza constituted the cost of establishing basic living facilities.

The judgment below

In light of the above legal principles and records, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the scope of installation costs of basic living facilities.

C. On the other hand, the court below determined that the cost of installing a substation site constitutes the cost of installing a basic living facility, but it is difficult to accept it for the following reasons.

If a project operator supplies a site corresponding to the area of the relevant electric facilities to a person who supplies electricity for a cost more than the cost of housing site development, the cost of the site shall not be deemed to have been transferred to the sale price, and it shall not be included in the cost of installing basic living facilities.

However, according to the statement No. 7, the defendant who is the subject of the housing site development project of this case.