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The judgment below
The part against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to whether the cost of housing site development is excluded from the reserve fund, part of the cost of underground lanes, bridges, or tunnels
A. If a special supply contract between a person subject to relocation measures and a project operator for a housing site or housing entered into with the person subject to relocation measures, included the cost of the basic living facilities as stipulated in Article 78(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 Land Compensation Act”) in the sale price and thus the person subject to relocation measures paid the project operator the cost of the basic living facilities, the portion that included the cost of the basic living facilities in the sale price in the special supply contract is null and void in violation of Article 78(4) of the former Land Compensation Act,
(See Supreme Court en banc Decision 2007Da63089, 63096 Decided June 23, 2011). Meanwhile, in a case where a project operator specially supplies a house to a person subject to relocation measures and sets housing site cost more than the cost of creating the housing site without considering the cost of installing the basic facilities, the total cost of installing the basic facilities may be deemed to have been transferred to the person subject to relocation measures.
B. In light of the above legal principles, in this case, where the plaintiffs sought a return of unjust enrichment on the basis that the cost of basic facilities was fully paid to the sale price of a house that received special supply, the court below is just in calculating unjust enrichment by means of multiplying the cost of basic facilities per 1 square meter of the area of paid-in housing by the area of the right to a site of the housing that was specially supplied by the plaintiffs. According to the method of calculating unjust enrichment as above, the cost of housing site creation does not constitute an element for calculating unjust enrichment, and the cost of housing site creation is excluded in cases where part of the cost of housing site creation is excluded from the cost of basic facilities.