1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The plaintiff asserted that the apartment of this case was purchased from the defendant as relocation measures under the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 8665 of Oct. 17, 2007, hereinafter referred to as the "former Land Compensation Act"). According to Article 78 (4) of the former Land Compensation Act, the cost of installing basic living facilities is borne by the project operator, but the defendant calculated the sale price including the cost of installing basic living facilities as well as the cost of installing basic living facilities. Thus, the part of the sale price including the cost of installing basic living facilities is invalid because it violates the above provisions, which are mandatory law.

Therefore, the Defendant is obligated to return unjust enrichment to the Plaintiff to pay KRW 26,760,398, the amount equivalent to the cost of installing basic living facilities included in the sale price, and delay damages.

B. Determination 1) According to the basic legal principles, Article 17(5) of the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8852, Feb. 29, 2008; hereafter below, “former Act on the Construction of National Rental Housing”), Article 78(1) of the former Land Compensation Act, and Article 40(3)2 of the former Enforcement Decree of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Presidential Decree No. 2072, Feb. 29, 2008; hereafter, “former Enforcement Decree of the Land Compensation Act”) of the former Enforcement Decree of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects, a project operator shall take measures for resettlement or move settlement money for a person who loses the basis of his/her livelihood by providing a residential building due to the implementation of a national rental housing construction project (hereinafter “persons subject to relocation measures”).