The judgment below

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

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. With respect to the ground of appeal No. 1, Articles 2 and 7 of the former Special Act on the Management of Intercity Transport in Metropolitan Areas (amended by Act No. 8251 of Jan. 19, 2007; hereinafter “former Intercity Transport Act”) and Article 9 of the former Enforcement Decree of the Intercity Transport Act (amended by Presidential Decree No. 20021 of Apr. 20, 2007), the charges imposed on the following measures to improve intercity transport in cases of large-scale development projects in metropolitan areas are required for the construction and improvement of intercity transport facilities in the course of implementing large-scale development projects in metropolitan areas, and the charges imposed on the measures to improve intercity transport in accordance with the measures to improve metropolitan transport in metropolitan areas do not constitute the cost of establishing basic living facilities to be provided to the person subject to the measures to improve the metropolitan transport in metropolitan areas.

In addition, Article 11-2 (1) 3 of the former Metropolitan Transport Act provides that with respect to the charges for metropolitan transport facilities imposed under Article 11 of the former Metropolitan Transport Act, in the case of a housing site creation and a housing construction project following the implementation of relocation measures under Article 8 of the Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Loss, it shall be exempted. However, this provision provides that the Mayor/Do governor, who is the authority imposing charges for metropolitan transport facilities, shall be exempted from the charges for metropolitan transport facilities in order to reduce the burden of payment of the development project operator by requiring the Mayor/Do governor, who is the authority imposing charges for metropolitan transport facilities, to exempt the charges for