부당이득금
1. Of the judgment of the first instance, the part against the defendant against the plaintiff A, B, C, and D shall be revoked, and the part corresponding to the revoked part shall be revoked.
1. Matters to be explained by the court on this part of the basic facts, relevant Acts and subordinate statutes and the plaintiffs' arguments are as follows: (a) one line of “891,412 square meters” under the Table 5 of the judgment of the first instance; (b) two parallel of “430,247 square meters” under the Table 5 of the same part shall be as “430,247.4 square meters”; (c) three parallel of “923,290,417,000 won” under the same Table of the same part shall be as “915,312,215,006 won”; and (d) five parallel of the same Table below, “140,538,09,000 won” under the same part shall be as “140,124,59,274 square meters”; and (d) the part of the judgment of the court of first instance concerning “land compensation” under the Act on Acquisition of and Compensation for Land under the Act on Compensation for Public Works, Etc. (hereinafter “former Act”).
2. Determination on the claims filed by Plaintiffs A, B, C, and D
A. Article 78(1) of the former Land Compensation Act provides that a project operator shall either establish and implement relocation measures or pay resettlement funds as prescribed by Presidential Decree for 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”).
In addition, prior to the amendment by Presidential Decree No. 20722 of February 29, 2008, the Enforcement Decree of the same Act.
A. The Enforcement Decree of the former Land Compensation Act (hereinafter “Enforcement Decree of the same Act”).
Article 40(3) of the Act provides that “the owner of a building constructed without obtaining permission or filing a report to construct a building with permission or filing a report,” and “the owner of the building in question who does not continue to reside in the building from the date of public notice, etc. under the relevant Act and subordinate statutes for the public works to the date of conclusion of the contract or the date of expropriation decision