The judgment below

Of the attached Forms 3 and 4, the part against the Plaintiffs and the Intervenors succeeding to the Plaintiff, and the attached Forms 2 and 3.

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 grounds of appeal Nos. 1, 2, 3, and 5 (related to the calculation of the cost of housing site creation) of the Plaintiffs and the Intervenor succeeding to the Plaintiff (hereinafter “Plaintiffs”) listed in the List of Plaintiffs 3, 4, as well as the grounds of appeal Nos. 78(4) of 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 “former Land Compensation Act”) entered in a special supply contract for housing site concluded between the person subject to relocation measures and the project implementer, if the person subject to relocation measures was paid the project implementer the cost of the basic living facilities to install the basic living facilities, the portion which included the cost of the basic living facilities in the special supply contract in the sale price is null and void as it violates Article 78(4) of the former Land Compensation Act, which

(See Supreme Court en banc Decision 2007Da63089, 63096 Decided June 23, 2011). Meanwhile, in cases where a project operator set the sales price of a re-resident’s housing site at a discounted amount at the cost of creating a housing site, whether the sales price exceeds “the amount obtained by deducting the cost of installing basic living facilities from the cost of creating the housing site” and the scope thereof should be determined on whether the cost of selling the housing site includes the cost of installing basic living facilities and the scope thereof.

In this case, Article 78 (4) of the former Land Compensation Act prohibits a project operator from paying the cost of basic living facilities to a person subject to the relocation measures and does not stipulate the details of the cost that can be actively charged to the person subject to the relocation measures or the purchase price that can be charged from the said person. Therefore, the basic living facilities among the cost of housing site development, which the project operator used as the basis for the determination of the purchase price