Plaintiff 1 and five others

Plaintiff 5 and one other

Korea Land and Housing Corporation (Law Firm Barun, Attorneys Lee Jin-jin et al., Counsel for the plaintiff-appellant)

November 15, 2013

Seoul Central District Court Decision 201Gahap22387 Decided October 26, 2011

1. Of the judgment of the court of first instance, the part against the defendant who ordered payment in excess of the amount ordered under the following among the part against the plaintiff 1, 2, 5, 6, 7, and 8, and the part against the defendant against the plaintiff 3 and 4, respectively, shall be revoked, and the plaintiffs' claims corresponding to that part shall be dismissed.

The defendant shall pay to the plaintiff 1 15,635,209 won, 16,896,801 won, 27,428,720 won, 34,221,492 won, 698,019 won, and each of the above amounts to the plaintiff 5,635,209 won, and 20% interest per annum from March 10, 201 to December 11, 201, and from the next day to the date of full payment.

2. The appeal filed by the plaintiff 1, 2, 3, 4, 7, and 8 and the remaining appeal filed by the defendant against the plaintiff 1, 2, 5, 6, 7, and 8 are dismissed, respectively.

3. Of the total litigation costs, 90% of the costs incurred between the plaintiffs 1, 2, 5, 6, 7, and 8 and the defendant shall be borne by the above plaintiffs, 10% by the defendant, and the costs incurred between the plaintiffs 3, 4 and the defendant shall be borne by the above plaintiffs.

The defendant shall pay to the plaintiff 1 (the plaintiff 1), 2 (the plaintiff 2 of the judgment of the Supreme Court), 7 (the plaintiff 5 of the judgment of the Supreme Court), 8 (the plaintiff 6 of the Supreme Court), 20 million won, 3, 4, 5 (the plaintiff 3 of the judgment of the Supreme Court), and 6 (the plaintiff 4 of the judgment of the Supreme Court) each of the 100 million won and each of the above amounts to the plaintiff 1, 200 million won, from July 24, 2009 to the plaintiff 1, 209 to the plaintiff 2, from the date of February 25, 2010 to the date of April 30, 209 to the plaintiff 7, from the date of May 17, 2010 to the date of payment to the date of June 5, 200 to the date of full payment, respectively, from the date after June 12, 2009 to the date of full payment.

1. Plaintiffs 1, 2, 3, 4, 7, and 8;

Among the judgment of the first instance, the part against the above plaintiffs corresponding to the order to pay additional amounts shall be revoked.

The defendant shall pay to the plaintiff 1 the amount of KRW 64,515,312 from July 24, 2009; KRW 29,698,122 from February 25, 2010 to the plaintiff 2; KRW 48,619,166 to the plaintiff 7; KRW 40,368,462 from April 30, 209 to the plaintiff 8; KRW 40,368,462 from May 17, 2010 to the plaintiff 38,146,541; and KRW 5% per annum from June 12, 2009 to the date of full payment; and KRW 20% per annum from the next day to the date of full payment.

2. The defendant;

The part of the judgment of the first instance against the defendant shall be revoked, and the corresponding plaintiffs' claims shall be dismissed.

1. Basic facts

A. On December 26, 2001, the Minister of Construction and Transportation designated, as a planned area for the housing site development of Sungnam-si under the Housing Site Development Promotion Act, the project implementer around that time, the defendant (the Korea National Housing Corporation and the Korea Land Corporation were merged into the defendant on October 1, 2009; hereinafter referred to as the "defendant"), Gyeonggi-do, and Sungnam-si, the development plan was approved on December 12, 2003, and the approval of the implementation plan was publicly notified on December 30, 204 (hereinafter referred to as the "housing Development Project").

B. (1) On October 2003, the Defendant decided to specially sell the site for a detached house within the instant housing site development project zone to the persons selected as the person subject to relocation measures as part of the relocation measures for residents who lost their base of living due to the expropriation of their owned housing, land, etc. as the housing site development project zone was incorporated into the instant housing site development project zone. Accordingly, the Defendant publicly announced “the current status of the housing site development project and guidance for compensation.”

(2) The Defendant supplied one parcel of 230 square meters to the original person subject to relocation measures at a level below 80% of the development cost (based on the amount obtained by deducting the installation cost of basic living facilities from the development cost), and publicly notified that the portion exceeding the above area inevitably exceeds the above area due to the circumstances under which the ownership is to be demarcated should be supplied as appraisal price. On November 2006, the supply price of the housing site of migrants is reduced up to 265 square meters, and the portion in excess is approved by the Minister of Construction and Transportation as to the housing site supply plan that includes the contents that the housing site is supplied as appraisal price

(3) The Plaintiffs succeeded to the rights and obligations under the sales contract from a person who entered into the sales contract with the Defendant or who entered into the sales contract. The Defendant paid each of the money stated in the column of “final payment” as listed below by the date stated in the “final payment date” as follows (hereinafter “each of the sales contracts in this case”).

(2) Non-party 2, non-party 2, non-party 2, non-party 4, non-party 2, non-party 2, non-party 4, non-party 2, non-party 2, non-party 4, non-party 2, non-party 2, non-party 2, non-party 4 (non-party 4, non-party 2, non-party 2, non-party 2, non-party 2, non-party 4, non-party 2, non-party 4, non-party 2, non-party 2, non-party 2, non-party 94, non-party 2, non-party 2, non-party 2, non-party 2, non-party 2, non-party 4 (non-party 2, non-party 4, non-party 94, non-party 2, non-party 94, non-party 98,99,

Note 1) The initial sale price (cost)

Note 2) Total amount of payment

Note 3) 475,834,640

Note 4) 53,99,500

5) Plaintiff 3 (Plaintiff 4)

Note 6) 498,014,690

Note 7) 591,240,700

Note 8) 495,280,300

C. The Defendant set the sale price of the housing site to be specially supplied to the person subject to the relocation measures and the sale price of the housing site to be supplied to the general consumers as follows. ① For the general consumers, Article 13-2(7) of the Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 20722 of Feb. 29, 2008) and Article 18(1) [Attachment 3] of the Housing Site Development Promotion Guidelines (amended by Ordinance No. 376 of the Ministry of Land, Transport and Maritime Affairs No. 376 of Aug. 21, 2009), the Defendant supplied the sale price of the housing site to the person subject to the relocation measures at the appraisal price as a single house construction site in Seoul Metropolitan area, and ② the person subject to the relocation measures was supplied at the price calculated in accordance with Article 17 of the Regulations on the Establishment and Implementation of Relocation Measures (hereinafter “Rules on the Relocation Measures”). The method of calculating the sale

A person shall be appointed.

【Ground for recognition】 Each entry of Gap evidence 1 through 5, Eul evidence 1 through 7, 9, and 10 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Grounds for the instant claim

The Act, which forms the basis for each contract for the sale of this case, is 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 Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor), and the defendant concluded each contract for the sale of this case by calculating the amount of basic living facilities in calculating the sale price to be applied to the person subject to the relocation measures pursuant to Article 78 (4) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, including the cost of installation of basic living facilities, even though it should be calculated after deducting them. Since each contract for the sale of this case exceeds the legitimate sale price calculated as above is null and void in violation of the mandatory law, the defendant is obligated to return the amount as stated in the "amount of unjust enrichment" as unjust enrichment

Plaintiff 1 338,686,916 200,000,688,221 200,000,003 Plaintiff 3169,861,861,000,000 5215,889,8610,000 5215,889,629,629 100,000 5215,629,629 100,000,620,6206 Plaintiff 6215,889,629,629,629,000,000, 750,750,7540, 2008, 2008, 2008,3008,000,000,006 Plaintiff 6215,629,629,6290,000,000,00820

3. Determination

A. Consumed legal doctrine

(1) Article 78(1) of the former Public Works Act provides for the project implementer’s duty to establish and implement relocation measures, and the proviso of Article 40(2) of the former Enforcement Decree of the Public Works Act (amended by Presidential Decree No. 20722, Feb. 29, 2008; hereinafter “former Enforcement Decree of the Public Works Act”) provides that the project implementer shall be deemed to have established and implemented relocation measures even in cases where the project implementer supplied housing sites or houses to persons subject to relocation measures pursuant to the relevant statutes, such as the Housing Development Promotion Act. The main text of Article 78(4) of the former Public Works Act provides that the details of relocation measures include basic living facilities according to the relevant regional conditions, such as roads, water supply facilities, drainage facilities, and other public facilities,

Comprehensively taking account of the contents, purpose, etc. of the above provisions, the project implementer’s special supply of housing sites or houses to those subject to relocation measures pursuant to the proviso of Article 40(2) of the former Enforcement Decree of the Public Works Act is a method of relocation measures that a project implementer may choose based on delegation of Article 78(1) of the former Public Works Act. Therefore, in the case of special supply, it is reasonable to deem that the project implementer should install basic living facilities under Article 78(4) of the former Public Works Act at the cost of the project implementer and provide them to those subject to relocation measures, as in the case of providing the settlement site. This constitutes a mandatory law that cannot

Furthermore, the purpose of Article 78(4) of the Public Works Act is to provide a person subject to relocation measures with a basis of living. As such, the term “basic living facilities according to the relevant regional conditions, such as roads, water supply facilities, drainage facilities, and other public facilities” of the said provision refers to roads, water supply and drainage facilities, electric facilities, telecommunications facilities, gas facilities, or district heating facilities, which are installed by a project operator who implements a housing construction project or a housing site development project under the relevant statutes, such as Article 23 of the Housing Act (see Supreme Court en banc Decision 2007Da63089, Jun. 23, 201).

According to this, if persons subject to relocation measures pay to the defendant who is the project implementer the basic living facilities installation cost by including the basic living facilities installation cost stipulated in Article 78 (4) of the former Public Works Act in the sales contract of this case in the sale price of this case, the amount equivalent to the basic living facilities installation cost out of the sale price is null and void in violation of the main sentence of Article 78 (4) of the former Public Works Act, which is a mandatory law, and thus, the defendant is obligated to return the amount equivalent to the basic

(b) Calculating a legitimate sale price and amount of unjust gains;

(1) First, it is limited to the basic living facilities stipulated in Article 78(4) of the former Public Works Act to provide a person subject to the relocation measures at the cost of a project implementer pursuant to the said provision. Accordingly, in a case where a project implementer provides a resettlement site as a relocation measure or provides a housing site or a house with a special supply, the method of calculating the whole amount exceeding the cost of input, such as the purchase price of the housing site and the cost of housing site development, regardless of whether it constitutes the cost of basic living facilities, is unreasonable to calculate the portion as unjust enrichment. The amount of unjust enrichment ought to be calculated based on the cost of basic living facilities

(2) The Defendant, through the instant housing site development project, specially supplies migrantss to those subject to relocation measures in accordance with the “established Rules on the Establishment and Implementation of Relocation Measures”, provided that, in principle, a migrantss’ housing site shall be supplied on the basis of 265 square meters per parcel, except in extenuating circumstances, such as the conditions of the project district, such as the division of lots, the land use plan, and the efficiency of land use, and the real estate market trends in the relevant region. ② As to the housing site within the above area, the amount calculated by subtracting the cost of basic living facilities by the Defendant’s calculation method based on the housing site development cost and the amount equivalent to 80% of the cost of basic housing site development, and as to the supply of parcels exceeding 265 square meters, the supply price was determined at the appraisal price for the excess portion, and the supply price was determined at the appraisal price for the housing site to be publicly announced. In each sale contract of this case, the supply price was otherwise determined depending on whether the area exceeds the area of the specially supplied housing site.

However, if a special supply contract entered into between the Defendant and a person subject to relocation measures includes the cost of installing basic living facilities as stipulated in Article 78(4) of the former Public Works Act in the sale price, the part that included the cost of installing basic living facilities in the sale price is null and void in violation of Article 78(4) of the former Public Works Act, which is a mandatory law (see the foregoing en banc Decision). Therefore, as to the cost of installing basic living facilities in the supply price of a housing site, unjust enrichment is established as much as the cost of installing basic living facilities included in the supply price of the housing site. ( not the cost of creating the housing site) cannot be calculated on the basis of the sale price equivalent to the appraisal price that the Defendant did not implement. However, since the portion that was supplied exceeding 265 square meters, which is the supply price of a housing site to the general buyer, the cost of installing basic living facilities should be transferred to the sale price equal to the general buyer, and should be included in the sale price calculated based on the appraisal price. Therefore, it should not be applied to the sale price exceeding 25 square meters.

According to the above, with respect to the part below 265 square meters of a sale area, the part in the formula in the Act on the Measures for Relocation, which is applicable mutatis mutandis, cannot be adopted in the way that “the cost of establishing basic living facilities” is included. Moreover, in this case where the defendant set the price of a housing site by discounting a certain amount from the development cost of the housing site, the sale price can be calculated in accordance with the formula in the above 1), while with respect to the part exceeding 265 square meters of a sale area, the sale price should be calculated at the appraisal price that includes the cost of installing basic

(c) Scope of basic living facilities;

(1) According to Article 78 of the former Public Works Act, a project operator shall either establish and implement relocation measures, or pay resettlement funds, as prescribed by Presidential Decree, to those who lose their base of livelihood due to the provision of residential buildings due to the implementation of public works (hereinafter “persons subject to relocation measures”), and the details of relocation measures include road, water supply, drainage facilities, and other public facilities, etc. in the relocation and settlement area, and the basic living facilities according to the relevant local conditions shall be included in the details of relocation measures (the proviso to paragraph (4)).

The purpose of Article 78(4) of the former Public Works Act is to provide a basis for living for those subject to relocation measures. As such, the term “basic living facilities according to the relevant regional conditions, such as roads, water supply facilities, drainage facilities, and other public facilities” under the said provision refers to roads, water supply and drainage facilities, electric facilities, telecommunications facilities, gas facilities, or district heating facilities, which are to be installed by a business entity who implements a housing construction project or a housing site development project under the relevant statutes, such as Article 23 of the Housing Act (see the foregoing en banc Decision). The purpose of the said decision is to clarify the basic living facilities through the concept of arterial facilities stipulated in Article 78(4) of the former Public Works Act, which are to be provided to those subject to relocation measures as a basis for living (see the foregoing en banc Decision). Since it is unclear which public facilities are included in “basic living facilities according to the relevant regional conditions, such as roads, water supply and drainage facilities, and other public facilities

(2) Meanwhile, according to Article 2 Subparag. 8 of the former Housing Act (amended by Act No. 9405 of Feb. 3, 2009; hereinafter “former Housing Act”), “arterial facilities” refer to facilities that connect the key facilities located outside a housing complex (where two or more housing complexes are simultaneously developed, referring to each housing complex), such as roads, water supply and drainage systems, electrical facilities, gas facilities, communications facilities, and district heating facilities, to the same key facilities located outside the relevant housing complex.

Article 21 (1) 2 of the same Act provides that the standards for installation of incidental facilities concerning the construction, etc. of housing constructed and supplied by a project undertaker shall be prescribed by the Presidential Decree. Accordingly, Article 25 of the former Regulations on Standards for Housing Construction (amended by Presidential Decree No. 20722, Feb. 29, 2008) provides that a housing complex where an apartment house is constructed as one of incidental facilities shall be adjacent to or at a time (referring to a road as prescribed by Article 4 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 21290, Feb. 3, 2009) with a period or at a time (referring to a road as prescribed by Presidential Decree No. 21290, Feb. 19, 2009) and Article 57 provides that access roads to the relevant housing complex shall be installed at a time when a project undertaker submits a plan for installation of facilities beyond the standards as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs (including roads adjacent to the relevant housing site).

In addition, according to Article 23(1) of the former Housing Act, where a project proprietor implements a housing construction project in excess of the number of houses as determined by the Presidential Decree or a housing site development project in excess of the size as determined by the Presidential Decree, roads and water supply and sewerage systems shall be installed by a local government (paragraph (1) and electric facilities, telecommunications, telecommunications, gas or district heating facilities shall be installed by a person who supplies electricity, telecommunications, gas or heating to the relevant area (paragraph (2) but where a project proprietor intends to install facilities falling under subparagraph 1 as included in the housing construction project plan or housing site development project plan under Article 16(1), he/she

As such, a road which is an arterial facility installed under a housing construction project or a housing site development project to which the former Housing Act applies is responsible for connecting the entrance of a housing complex in the project district and the roads outside the project district, and is an essential facility for the achievement of functions as a housing complex and the passage of residents, regardless of the length or width of the road. The project undertaker is obligated to construct the roads in accordance with the former Housing Act and subordinate statutes and the housing construction project plan based thereon.

(d) Calculation of specific costs of installing basic living facilities;

The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry of evidence Nos. 3, 8 through 14, and 17:

(1) Consumed facts

The pure housing site development expenses that were excluded from the total project cost of the instant housing site development project are KRW 7,859,639,50,000,000, and the cost supply area of the instant housing site development project is KRW 3,545,124,00 among the total project area of the instant housing site development project is KRW 9,307,148,00,000,000,000,000,000,000,000,000,000,00

3,432,513,00,090 direct labor cost of 3,432,513,00,000 direct labor cost of 127,023,203, creation cost of 1.93% relocation measures cost of 109,206,121 indirect cost and management cost of 364,94,374, and management cost of 364,94,374, 5.44% of the direct labor cost of 770,058,3465.69% of the direct labor cost of 16,10,487 land cost, creation cost, total of 0.24% of the direct labor cost of 0.24% of the total labor cost of 7,968,845,621 - total labor cost of 7,859,639,50

(b) Installation area and site cost of basic living facilities;

(A) Items of arterial facilities falling under the basic living facilities among the total project area of the instant housing site development project) 9,307,148 square meters and the installation area thereof are the aggregate of 1,765,652 square meters as follows. The site cost required for the installation of basic living facilities is KRW 12), 597,394,42,749.

The entire size of 1,475,882 2 square meters which is recognized as part of 27,381 square meters 27,381, part of the water supply site 9,003 5 voltage 79,112 recognized as 6 substations 6,189,18 sewage treatment stations 35,997 sewage treatment stations 2,40 total 1,765,652

(B) The determination of the item at issue as to whether it is included in the establishment area of basic living facilities is as follows.

○ Roads

The defendant asserts that in the case of roads, the length shall be at least 200 meters, and the housing complex shall be at least 8m wide or a road corresponding thereto. Thus, if the length or width of roads falls short of the above requirements, it is merely a road within a housing complex and it cannot be an arterial facility.

However, as seen earlier, in light of the contents of the former Housing Act and the purport of the former Public Works Act or the en banc Decision, which seeks to provide a basis for living to the persons subject to relocation measures, as seen earlier, in addition to the functions and utility of the roads which are arterial facilities, as seen earlier, the roads that the project executor is required to provide a housing construction project or a housing site development project to the persons subject to relocation measures within the housing site development project, such as this case, shall be directly regulated by the above provisions of the former Housing Act, notwithstanding their length and width, and shall include roads that correspond to arterial facilities as defined in Article 2 subparagraph 8 of the same Act, which are directly regulated by the said provisions, and are related to roads located outside the housing complex, i.e., roads that connect the same kind of roads located outside the housing complex, and thus, it cannot be determined on the basis of “not less than 200 meters in length” and “not less than 8 meters in width. Therefore, it is reasonable to view the entire area of roads as basic residential facilities.

○ Square

Among the total squares, the part of 27,381 square meters which is a traffic plaza that can be seen as a road facility is included in the area of basic living facilities, but there is no data to regard it as part of the road facility with respect to the remaining 14,896 square meters of general squares and the metropolitan transportation facility square as 309,497 square meters.

○ Water Site, Gaba

On the other hand, the mere fact that water supply facilities fall under the main facilities prescribed by the former Housing Act, and the water supply pipes are laid underground and the water supply pipes are laid underground, the upper part is being used as a book, etc., and some of the entire land is provided for the supply of wide-area water supply, it cannot be readily concluded that some of the above site and the water supply site are not for the installation of basic living facilities.

○ Power Station

Article 23 (1) 2 of the former Housing Act provides that a person who supplies electricity, gas, or heating to the relevant area shall install electric facilities, gas facilities, or district heating facilities (Article 23 (1) 2 of the former Housing Act). However, in light of the language and text of the above provision concerning arterial facilities, the above provision is not directly applied to a substation for key facilities, not to key facilities, but to key facilities, and the above cost is included in the project cost. Furthermore, even if this part of the land was sold to the Korea Electric Power Corporation for compensation after the creation of the land, it is merely for the recovery of the purchase cost and the cost of construction, etc., and it is nothing more than for the recovery of the purchase cost and the cost of construction, etc., but it appears that the purchase cost and the cost of construction were included in the total project cost of the housing site development project of this case, and it is also included in the cost of the basic living facilities

Meanwhile, deeming that a person subject to relocation measures should bear the cost of installing a key facility within a site for a housing site development project instead of installing a key facility outside a housing site, is unfair in light of the purport of the former Public Works Act that provides that a person subject to relocation measures should not bear the cost of arterial facilities in order to maintain the same living conditions as that of the previous one. Therefore, it is reasonable to deem that the aforementioned facilities are included in the basic living facilities. This can be deemed as being included in the basic living facilities. The said transformation facilities constitute the period of time installed in accordance with the decision to install a key facility inside the housing site development zone of this case, instead of installing a key facility connected to an external substation. This part can be deemed as included in the basic living facilities area.

○ Gas supply facilities and integrated energy supply facilities

According to Article 23 (1) 2 of the former Housing Act, each of the above facilities shall be installed by a person who supplies gas or heating in the relevant area, and it is difficult to see that such facilities have the obligation to install to the defendant. Thus, the area of the above facilities shall not be deemed included in the area of the basic living facilities.

○ Sewage treatment plants

In light of the purpose and function of the treatment facilities installed to treat sewage and discharge it to a river or other public water zone or sea area, and its ancillary facilities, the sewage treatment site can not be narrowly replaced by simply the sewage pipe, which is an arterial facility under the Housing Act, which is a basic living facility, in light of the purpose and function thereof. In a case where a project operator installs main facilities and uses main facilities within a housing site development project instead of using main facilities within a site for a period other than a housing complex, the relevant main facilities can be deemed to be included in the basic living facilities and their installation area. Therefore, it is apparent that this is also included in the basic living facilities and their installation area.

○ Other parking lots, parks, green areas, public vacant land, schools, public buildings, welfare facilities, rivers, reservoirs, waste treatment facilities, storage and treatment facilities for dangerous goods, religious facilities, etc.

Even if the above facilities may fall under public facilities or infrastructure for the welfare and convenience of residents, they are not “arterial facilities” connecting key facilities as stipulated in the former Housing Act, and cannot be deemed as included in “basic living facilities” provided to those subject to relocation measures who lose their base of livelihood by providing land, etc. necessary for the implementation of public works as stipulated in the former Public Works Act.

(3) Costs of creating basic living facilities

(A) Of the total cost of construction, the items and amounts of the construction cost deemed to be for the creation of a basic living facility are as follows. The sum is KRW 1,007,438,087,618.

18,460,468,6741,671,67,741,70,740,740,767,741,70,740,767,741,70,740,740, 767,208, 138,200, 138,200, 138,200, 467, 167, 47, 167, 167, 47, 167, 167, 167, 208, 200, 208, 138,200, 138,200, 138,200, 00, 138,000, 165, 10,005, 105, 1067,205, 1605, 1606,2005, 7,2004,

Note 13) 34,774,842,466

Note 14) 3,522,710,930

Note 15) 5,691,277,284

Note 16) 1,289,83,142

Note 17) 1,426,423,796

(B) The determination of the items at issue as to whether or not they are included in the cost of creating individual living facilities is as follows.

○ Charges for Metropolitan Transport Facilities (Yeng-Seyang Roads, identification line charges, and other charges for processing Metropolitan Transport)

There is no dispute between the parties as to the fact that the above charges are not included in the composition of the basic living facilities.

○ Sewage treatment plants

Therefore, it is reasonable to include the cost of sewage treatment plant construction in the cost of creating basic living facilities for the same reason as the cost of the sewage treatment plant is included in the installation cost of basic living facilities.

○ Military unit officials

In the case of the construction of housing site due to the housing site development project of this case, the incidental construction works on temporary facilities, etc. incidental thereto may be recognized as a contribution equivalent to the ratio of the construction area of the basic living facilities/total project area of the total construction cost. Therefore, it is reasonable to include part of the construction cost of the basic living facilities.

The creation of a river hole, landscape architecture hole, urban support facilities site, storage site, light crossing river BOX, digital city, SGN SYSESM and landscape expenses, waste transport pipe, incineration station, structure incineration station, structure inspection and excavation expenses, wild trees disposal work, construction waste disposal work, library, museum (public relations center), reserve fund, ecosystem conservation cooperative fee, etc.

The above items are difficult to be deemed to be for the installation of arterial facilities or basic living facilities connecting key facilities, such as roads, etc. as prescribed by the former Housing Act, and the nature of the expenses disbursed is unclear, and there is no data to be considered as the expenses contributed directly or indirectly to the installation of basic living facilities.

(iv) direct personnel expenses, sales management expenses and other expenses;

(A) In the instant housing site development project, ① direct labor cost is 1.93% of the total amount of site cost, construction cost, and direct labor cost is 5.44% of the total amount of site cost, construction cost, and direct labor cost; ③ other expenses are 0.24% of the total amount of site cost, construction cost, and direct labor cost. Each of the above items of expenses can be seen as incidental to or contributed to the construction of basic living facilities, as well as the instant housing site development project, and the total cost and construction cost are included in the total cost. As such, the parts related to the site cost and construction cost of basic living facilities in each of the above items of expenses should be included in the calculation of the cost of basic living facilities. The details and amount are as follows.

본문내 포함된 표 구분 총 사업비 생활기본시설 계산 방식 연번 액수(원) 연번 액수(원) 용지비 ① 3,149,000,090,000 ⑥ 597,394,422,749 조성비 ② 3,432,513,000,000 ⑦ 1,007,438,087,618 직접인건비 ③ 127,023,203,000 ⑧ 30,973,267,450 (⑥+⑦)×1.93% 판매관리비 ④ 364,944,374,000 ⑨ 88,987,834,313 (⑥+⑦+⑧)×5.44% 기타비용 ⑤ 16,100,487,000 ⑩ 3,925,933,866 (⑥+⑦+⑧)×0.24% 합계 123,887,035,629 (⑧+⑨+⑩)

○ Direct Labor Cost: 30,973,267,450 won

[See [1,007,438,087,618] + (597,394,422,749 + 1,007,438,618]

The direct labor cost shall be calculated by multiplying the site cost, creation cost, etc. by 1.93% of the direct labor cost, and the cost of installing the basic living facilities included in the direct labor cost may be calculated by multiplying the site cost and the cost of creating the basic living facilities by the direct labor cost ratio.

○ Sales and Management Expenses: 88,987,834,313 won

[See [The amount of KRW 597,394,42,749 + KRW 1,007,438,087,618 + + 30,973,267,450 + 5.44%)

Sales management expenses shall be calculated by multiplying the total amount of direct expenses by 5.44%, and the cost of installing basic living facilities included in sales management expenses may be calculated by multiplying the cost of site for basic living facilities, cost of creation, and direct personnel expenses by the above calculation ratio.

○ Other expenses: 3,925,933,866 won

[See [The amount of KRW 597,394,42,749 + KRW 1,007,438,087,618 + + 30,973,267,450 + 0.24%];

Other expenses shall be calculated by multiplying the total amount of direct expenses by 0.24%, and the cost of the basic living facilities included in other expenses may be calculated by multiplying the cost of the basic living facilities by the cost of the basic living facilities, the cost of the creation, and the cost of the direct labor cost by other cost rate.

(B) We examine whether part of the capital cost is included in the installation cost of basic living facilities. The capital cost is a kind of economic opportunity cost for one's own and another's capital required for the implementation of the housing site development project. It cannot be readily concluded that the defendant obtained a benefit equivalent to the amount. In addition, it is not a method of multiplying the amount of the land cost and the creation cost by a certain ratio, such as the above direct labor cost, but it is calculated based on the net input cost and the capital cost ratio for the relevant housing site development project zone, not by a method of multiplying the amount of the land cost and the creation cost. However, there is no

(C) Ultimately, direct personnel expenses, sales management expenses, and other expenses to be included in the cost of the basic living facilities are totaling KRW 123,887,035,629 ( note 18), 123,887,035,629.

(5) Sub-decisions

In the housing site development project of this case, the cost of basic living facilities shall be KRW 19) 1,728,719,545,996 in total.

E. Calculation of unjust enrichment

(1) Costs of installing basic living facilities per 1 square meter;

A total of the cost of installing basic living facilities is KRW 1,728,719,545,96, which is divided into KRW 3,545,124 square meters of the area to be supplied with compensation, the cost of installing basic living facilities per 1 square meter of the area to be supplied with compensation is KRW 487,633,20) 487,633.

(2) Justifiable sale price and unjust enrichment

The portion up to 265 square meters of a parcelling-out area shall be based on the "Shared Area 】 due sale price per 1,729,395 won per 1 square meter in accordance with the following calculation methods, and the portion exceeding 265 square meters in excess shall be based on the appraisal price.

A person shall be appointed.

According to this, the details and amount of the reasonable sale price under each sales contract of this case, the actual payment price of the plaintiffs, and the calculation of the cost of installing basic living facilities which the defendant calculated based on this, are as follows. Therefore, the defendant is obligated to pay to the relevant plaintiffs the sum of unjust enrichment and delay damages.

- Plaintiffs 1264.6 - 457, 264, 265, 264, 265, 264, 265, 264, 265, 264, 265, 364, 265, 364, 265, 269, 2648, 265, 2694, 2645, 265, 2697, 2648, 369, 2645, 2697, 3696, 2645, 297, 3696, 264, 365, 297, 297, 465, 2697, 3465, 297, 3698, 365, 297, 20547, 665395, 297

Note 22) Principal

Note 23) Excess

Note 24) 88,386

Note 25) -331,924

Note 26) 11,616

Note 27) 474,555

In this regard, the defendant asserts that the amount to be returned to the plaintiffs shall not exceed the amount of the resettlement subsidy, but so long as the defendant establishes and implements the relocation measure, it shall not be deemed that the calculation of the sale price is illegal and thus does not constitute a case of failure to establish and implement the relocation measure. On the other hand, there is no ground to limit the amount of the resettlement subsidy to be paid or returned instead of the establishment and implementation of the relocation measure, or the amount of the unjust enrichment or the cost of the basic living facilities

(f) Conclusion

Ultimately, the Defendant’s unjust enrichment from KRW 15,635,209 to Plaintiff 1, KRW 16,896,801 to Plaintiff 2, KRW 5,720 to Plaintiff 5, and KRW 27,428,720 to Plaintiff 6, respectively (i.e., KRW 54,857,441 x 1/2), KRW 34,221,492 to Plaintiff 7, KRW 698,019 to Plaintiff 8, and KRW 28 from March 10, 2011, respectively, the filing date of the instant lawsuit

As to the existence and scope of the Defendant’s duty of performance, the Defendant is obligated to pay 5% per annum as stipulated in the Civil Act until December 11, 2013, which is the date of a decision of the competent court, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

4. Conclusion

Therefore, the claims of the plaintiffs 1, 2, 5, 6, 7, and 8 are justified within the scope of each above recognition, and the remaining claims of the plaintiffs 3 and 4 are dismissed as they are without merit. The part against the plaintiffs 1, 2, 5, 6, 7, and 8 in the judgment of the court of first instance against each defendant, and the part against the plaintiffs 3 and 4 in the judgment of the court of first instance against each defendant are different. Since the part against each defendant in the judgment of first instance against the plaintiffs 1, 2, 3, 4, 7, and 8 and the part against the plaintiffs 1, 2, 3, 4, 7, and 8 and the remaining appeals against the defendants 1, 2, 5, 6, 7, and 8 are dismissed as they are without merit. It is so decided as per Disposition.

Judges Cho Jae-hae (Presiding Judge)

1) The sale price on the sales contract prior to the settlement of the area is the sale price.

Note 2) The final amount paid by reflecting the area settlement, delay damages, advance payment discount, etc. on the sales price on the sales contract.

Note 3) = Principal of sale in lots + 2,718,830 won in advance - Amount of 28,930 won in advance

Note 4) = Principal for sale - Advance payment of KRW 10,882,90

5) Plaintiff 4 succeeded to 1/2 of the detached housing site that was sold by Plaintiff 3.

Note6) = Principal of sale in lots + 430,910 won in advance - 426,220 won in advance

Note 7) = Principal of sale in lots + 125,200 won for delay

Note 8) = Principal sold in lots + 35,090,650 won for delay

9) Relocation expenses are expenses equivalent to the difference arising from supplying migrants's housing site at a low price compared to that of the general supply site. This is not only the expenses but also the expenses paid for creating the housing site, and it is reasonable to exclude them.

Note 10) = 7,859,639,50,000 ¡À3,545,124 square meters (hereinafter the same shall apply)

11) It is composed of 2,363,712 square meters for housing construction, 906,59 square meters for commercial business, and 6,036,837 square meters for public facilities.

Note 12) = Total site cost of KRW 3,149,00,000,090,000 】 Area for installation of basic living facilities 1,765,652 square meters/total site area of KRW 9,307,148 square meters

Note 13) = Total soil expenses of KRW 183,306,00,000 x (1,765,652 square meters/9,307,148 square meters)

Note 14) = Total appurtenant work expenses of KRW 18,569,00,000 ¡¿ (1,765,652 square meters/9,307,148 square meters)

Note 15) = Total investigation and design cost of KRW 30,000,000 x (1,765,652 square meters/9,307,148 square meters)

Note 16) = Total confirmation survey cost of KRW 6,79,00,000 ¡¿ (1,765,652 square meters/9,307,148 square meters)

Note 17) = Total incidental cost of KRW 7,519,00,000 x (1,765,652 square meters/9,307,148 square meters)

Note 18) = Direct labor cost of KRW 30,973,267,450 + Sales management cost of KRW 88,987,834,313 + Other expenses of KRW 3,925,93,866

Note 19) = Land cost of KRW 597,394,42,749 + Development cost of KRW 1,007,438,087,618 + Direct Labor Cost of KRW 30,973,267,450 + Sales and management expenses of KRW 88,987,834,313 + Other indirect expenses of KRW 3,925,93,866

Note 20) = 1,728,719,545,996 won/3,545,124 square meters

Note 21) = KRW 2,217,028 of housing site development cost per 1 square meter - Basic living facilities installation cost per 1 square meter 487,633 won

22) According to the calculation structure, the above amount is limited to the portion below 265 square meters. The Defendant set the supply price of the housing site for the original migrants at KRW 1,691,804 per 1 square meter below the original supply price, which is the legitimate supply price, prior to the application of the aforementioned differential price as above. However, based on Article 17(3) of the Rules on Measures for Relocation Measures, it is difficult to recognize the legitimacy of the supply price in the case of Plaintiff 3 and Plaintiff 4 as being supplied with the original unit price lower than the original unit price in the case of Plaintiff 4, the supply price was determined in excess of not only the initial set price but also 1,729,395 won per 1 square meter.

Note 23) The appraisal price of a multi-resident housing site per 1 square meter 】 The appraisal price of a housing site in excess of 265 square meter 】 The Plaintiff 2,708,000 won for each 1 square meter 2,602,000 won for Plaintiff 3 and Plaintiff 4, and the Plaintiff 5 and Plaintiff 6 are 2,785,000 won for each 2,785,00 won (No. 6).

Note 24) = (475,834,640 won - 473,144,740 won) = 15,546,823 won/473,14,740 won; and to calculate the amount distributed in proportion to the amount of unjust enrichment out of the advance payment in advance. The following is also intended:

Note 25) = (53,99,500 won - 564,882,400 won) = 17,228,725 won/564,82,400 won/

Note 26) = (591,240,700 won - 591,115,500 won) ¡¿ 54,845,825 won/591,115,500 won

Note 27) = (495,280,300 - 460,189,650 - 6,223,464 / 460,189,650 won)

(28) The above plaintiffs sought damages for delay from the date of the final payment of the sale price, but there is no evidence to acknowledge that the defendant was maliciously, and thus only damages for delay from the date of the filing of the instant lawsuit is recognized pursuant to Article 749(2) of the Civil Act.