The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, before amendment by Act No. 8665 of Oct. 17, 2007, the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects

The former Public Works Act (hereinafter referred to as “former Public Works Act”).

According to Article 78, a project operator is deemed to be a person who is deprived of his/her base of livelihood as a result of providing residential buildings due to the implementation of public works (hereinafter “person subject to relocation measures”).

A) For the purpose of a special supply contract, a relocation measure is to be established or to pay resettlement funds as prescribed by Presidential Decree (Paragraph 1). The details of the relocation measures include basic living facilities according to the relevant regional conditions, such as roads, water supply facilities, drainage facilities, and other public facilities, etc. for the settlement area (Paragraph 4). Therefore, if the basic living facilities installation expenses under Article 78(4) of the former Public Works Act are included in the sale price under the special supply contract entered into between a person subject to the relocation measures and a project operator, the portion of the special supply contract that included the basic living facilities installation expenses in the sale price is invalid as it violates Article 78(4) of the former Public Works Act, which is a mandatory law (see, e.g., Supreme Court en banc Decision 2007Da63089, Jun. 23, 2011). Accordingly, the Plaintiff’s basic living facilities installation expenses in the supply price of the housing site of the Defendants should be deemed unjust enrichment, and the appraisal price should not be determined based on the appraisal price.

Nevertheless, the court below is different from this case, which is the land for migrants, based on the appraised price, which is the supply price for general buyers rather than the land developer.