1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. When a project implementer was incorporated into a project district of the residential environment improvement project ( April 15, 2008), which is the head of Dobong-gu Seoul Metropolitan Government (the authorization date for the implementation of the project), the Plaintiff provided it to the above project, and as the Plaintiff was selected as a national housing special supplier pursuant to the "Rules on Special Supply of National Housing to the Removal Residents, etc., Seoul Metropolitan Government" (hereinafter the "Special Supply Rules"), with respect to 306 Dong 604, 2009, E apartment 306 Dong 604, which was constructed under the "Act on Special Supply of National Housing to the Removal Residents, etc." (hereinafter the "the instant Special Supply Rules"), there is no dispute between the parties concerned as to the fact that the Plaintiff paid the sale price to E apartment 306 Dong 604, 2000, by setting the sale price as 276,562,000 won and paid the sale price in accordance with the above sale contract.

2. The assertion and judgment

A. The Plaintiff’s claim for restitution of unjust enrichment is governed by 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 the same shall apply). The Defendant, under Article 78(4) of the Land Compensation Act, shall bear the amount equivalent to the cost of the basic living facilities in the sale contract, which is mandatory, and received the sale price from the Plaintiff by including the cost of the basic living facilities in the sale contract. This is invalid in violation of the mandatory law. As such, the Defendant’s claim that the Plaintiff has the obligation to pay 3,086,69 won [549,248 won for the cost of the basic living facilities [42,671,674,108 won for the cost of the basic living facilities, 22,462,328 won for the cost of the basic living facilities, the cost of the basic living facilities, the size of the total sales cost, 194 x 19414 x 2414141.4]