The judgment below

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

The grounds of appeal are examined.

1. The lower court determined as to the grounds of appeal by the Plaintiffs, on the grounds as indicated in its reasoning, that the remainder of the general squares and metropolitan transport facilities squares, excluding the traffic squares that can be seen as road facilities among squares, are excluded from the area where basic living facilities are installed, and the contributions to metropolitan transport facilities (the contributions to the common morals-yang roads, the identification line charges, and other charges for dealing with metropolitan transport) are excluded from the cost

The judgment below

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to "basic living facilities" under Article 78 (1) and (4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007; hereinafter "former Public Works Act").

2. Judgment on the Defendants’ grounds of appeal

A. Examining the reasoning of the judgment below in light of the relevant legal principles and records, the court below is just in holding that the Defendants, the implementor of the housing site development project of this case, are liable to return to the Plaintiffs a considerable amount of cost of basic living facilities under Article 78(4) of the former Public Works Act, and there is no error of law by misapprehending the legal principles as to unjust enrichment

B. On the grounds indicated in its reasoning, the lower court determined that a road corresponding to an arterial facility defined in subparagraph 8 of Article 2 of the former Housing Act (amended by Act No. 8852 of Feb. 29, 2008; hereinafter “former Housing Act”) within the instant housing site development project zone, namely, a road linking a road located outside the relevant housing complex with the same kind of road located outside the relevant housing complex, without asking the length or width thereof, is included in the area where basic living facilities are installed, and that the entire area is less than 200 meters in length or less than 8 meters in width.