부당이득금반환
1. The plaintiffs' appeal is dismissed.
2. The part of the first instance judgment against the Defendants shall be revoked.
3. The above-mentioned cancellation part.
The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is citing this by the main text of Article 420 of the Civil Procedure Act.
Article 78 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall apply to the project executor of the project in this case, where the project in this case is a residential environment improvement project by means of local improvement under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the project executor of the project in this case shall either establish and implement the relocation measures or pay resettlement subsidies, as prescribed by Presidential Decree, for persons who are deprived of their base of livelihood due to the provision of residential buildings (hereinafter “persons subject to the relocation measures”) due to the implementation of
There is no dispute between the parties that the obligation to establish and implement the relocation measures is granted.
Article 78(4) of the Key Land Compensation Act provides that "The details of relocation measures include basic living facilities according to the relevant local conditions, such as roads, water supply and drainage facilities, and other public facilities, in a resettlement settlement area (including a housing complex constructed by implementing relocation measures), and the costs necessary therefor shall be borne by the project operator."
However, on February 6, 2009, the Urban Improvement Act enacted the following provisions by Act No. 9444.
(hereinafter “instant newly established provision”). Article 43 (Application and Exclusion of other Acts and subordinate statutes) of the Urban Improvement Act (3) Article 78(4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall not apply to residential environment improvement projects.
The newly established clause of this case does not apply to the project of this case, and therefore the defendants, the implementer of the project of this case, are subject to the relocation measures.