1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiffs are some of the sectional owners of 13 U.S. Dong-dong 42, U.S. T and 12 lots. The plaintiffs constitute a reconstruction promotion committee consisting of the reconstruction promotion committee consisting of the members of the reconstruction committee, which is established through a general meeting of the members, to promote the reconstruction project of U-Y city-type multi-family housing (hereinafter referred to as the "re-building of this case"), which is to promote the remaining households after having removed the above U-Y-dong 13 and 42 units of land, and reconstructed the 70 units of urban-type residential housing on that ground by giving priority to 42 households. The defendant is a certified architect who designed the re-building of this case.

B. The instant reconstruction association members, including the Plaintiffs, entered into the instant reconstruction construction contract with V (hereinafter “V”) on February 25, 2015, and around that time the construction began, and V obtained approval for use on November 25, 2015.

C. On November 26, 2015, the Seoul Jung-gu Office sent a statement of calculation of development costs to the members of the reconstruction association of the instant case, and the Plaintiffs paid each amount indicated in the column for the amount recognized in the separate sheet as development charges to be paid to the Defendant as specified in the Seoul Jung-gu Office.

On January 19, 2016, the head of Jung-gu Seoul Central Government sent a notice of decision on the imposition of development charges that the members of the reconstruction association will not impose development charges as a result of calculating the development gains related to the reconstruction project.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, W's testimony of witness of the party in question, purport of whole pleadings

2. Determination

A. According to the above basic facts regarding the cause of the claim, the development charges that the defendant received from the plaintiffs in relation to the reconstruction of this case shall be paid to the plaintiffs without any legal cause by the head of Seoul Central Government, upon being notified of the decision not to impose the development charges. Thus, the defendant shall, unless there are special circumstances.