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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
2...
Reasons
1. The Plaintiff’s assertion is that the land B and C and its ground buildings were expropriated as an urban planning project (public vacant land-village development) and the Plaintiff purchased D apartment 403 Dong 1002 located in Yangcheon-gu Seoul Metropolitan Government from EP on March 8, 201 in accordance with the National Housing Special Supply Rules for the Withdrawns, etc. of the Seoul Metropolitan Government. In a case where relocation measures are established due to public works, the costs of installing infrastructure are to be borne by the Defendant, who is the project operator. However, the Defendant, who is the person subject to relocation, bears 23,585,373 won as the cost of establishing the foundation by multiplying the total purchase price by 69.95%. As such, the Defendant is obligated to return the said KRW 23,585,373 as unjust enrichment to the Plaintiff.
2. Determination
A. 1) In full view of Article 78(1) and (4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40(2) of the Enforcement Decree of the same Act, the project implementer shall supply housing lots or houses to those subject to relocation measures under the proviso to Article 40(2) of the Enforcement Decree of the Housing Site Development Promotion Act or the Housing Act (hereinafter “special supply”).
It is also reasonable to view that the basic living facilities as stipulated in Article 78 (4) of the Public Works Act should be installed at the cost of the project operator and provided to the person subject to relocation measures, as in the case of special supply, because the project operator can choose a relocation measure based on the delegation of Article 78 (1) of the same Act.
Therefore, the subjects of the relocation measures are basic facilities by including the installation cost of basic living facilities as stipulated in Article 78 (4) of the Public Works Act in the sale price in the special supply contract for housing or housing concluded between the subjects of the relocation measures and the project implementer or the supplier by his/her arrangement.