1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The plaintiffs' claims

A. The Plaintiffs constitute a person subject to relocation measures who has lost their base of livelihood by providing residential buildings necessary for implementing an urban planning facility project to the project implementer.

B. According to Article 78(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665, Oct. 17, 2007; hereinafter “Public Works Act”), a project implementer should install basic living facilities for resettlement sites and provide them to those subject to relocation measures.

C. The defendant supplied housing to the plaintiffs as a way of relocation measures, and the above cost of the basic living facilities was paid to the plaintiffs, including the cost of the sale in lots.

Therefore, the defendant gains a profit equivalent to the cost of installing the basic living facilities without any legal ground, and the plaintiffs suffered a loss equivalent to the amount, so the defendant is obligated to return the amount to the plaintiffs as unjust enrichment.

2. Determination as to whether the plaintiffs are subject to relocation measures

A. Article 78(1) of the former Public Works Act provides that "a person who is deprived of his base of livelihood due to the provision of a residential building due to the implementation of public works shall be subject to relocation measures," and Article 40(3) of the Enforcement Decree of the former Public Works Act provides that "a person who is excluded from a person subject to relocation measures, who is constructed without obtaining permission or filing a report for a building to be constructed with permission or filing a report;

2. The owner of a building who has not resided in the building continuously from the date of public notification, etc. under the relevant Acts and subordinate statutes for the public works until the date of conclusion or expropriation ruling;

Provided, That medical treatment due to disease, enlistment in military service, school attendance, and other inevitable reasons corresponding thereto shall be included.