1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. In the first instance court, the Plaintiff filed a claim for restitution of unjust enrichment and a claim for damages against the Defendant. The first instance court partly accepted the claim for restitution of unjust enrichment and dismissed the claim in full.

Since the defendant appealed against this, the subject of the judgment of this court is limited to the claim for restitution of unjust enrichment.

2. Basic facts

A. On November 12, 2007, the Governor of the Gyeonggi-do approved and publicly notified the alteration of the housing site development plan and the implementation plan for the housing site development project zone in the zone 2 zone south of the Republic of Korea (hereinafter “Defendant”) implemented by the former Korea Land Corporation (the former Korea Housing Corporation was merged with the former Korea Housing Corporation; hereinafter “Defendant”).

B. On December 27, 2007, the Plaintiff entered into a contract with the Defendant to purchase KRW 29,332 square meters in the instant housing site area for KRW 29,772,114,00 (hereinafter “instant contract”). The standards for calculating the purchase price are as follows.

① On December 3, 2007, the Defendant calculated the development cost of the instant housing site, and set KRW 615,369,156,000 as the installation cost of infrastructure, which includes the amount of KRW 86,70,000,000 for the construction cost of the cultural center (children’s Library 2 Dong, Complex Culture Center 1 Dong), and the amount including KRW 17,50,000 for the repair cost of a small river (Seoulcheon: 2.4km; 0.9km; 0.5km; 1.5km);

② Based on the infrastructure installation cost set as above, the final project cost calculated with respect to the instant housing site on December 3, 2007 is KRW 1,981,754,90,900 for the final project cost, and KRW 1,659,59 for the project area, and KRW 1,194,123 for each unit area for the development cost (= KRW 1,981,754,903,00 for each unit area) ± 1,659,590 square meters for each unit area, and KRW 1,69,590 for each unit area for each unit area. The same shall apply hereinafter)

(3) Article 18 (2) of the former Housing Site Development Promotion Act and Article 13-2 (7) of the Enforcement Decree of the same Act, which were enacted and implemented at the time of the instant contract, and Article 18 and attached Table 3 thereof, shall exceed 60 square meters in the Seoul Metropolitan area.