The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 78(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 8665, Oct. 17, 2007; hereinafter “former Public Works Act”) provides that “A project operator shall either establish and implement relocation measures or pay resettlement funds as prescribed by the Presidential Decree for persons who are deprived of their base of livelihood due to the implementation of public works (hereinafter “persons subject to relocation measures”) to provide residential buildings due to the implementation of public works (hereinafter “persons subject to relocation measures”), and Article 40(2) of the Enforcement Decree of the same Act (amended by the Presidential Decree No. 20722, Feb. 29, 2008; hereinafter “former Enforcement Decree of the Public Works Act”) provides that “If a person who wishes to move among the persons subject to relocation measures reaches or exceeds 10 houses among the persons subject to relocation measures, such as the Housing Site Development Promotion Act or the Housing Act, the project operator shall be deemed to have supplied housing sites or houses pursuant to the relevant public works.”

In full view of the contents, purposes, etc. of the above provisions, the project implementer may choose a housing site or house (hereinafter “special supply”) to persons subject to relocation measures under the proviso to Article 40(2) of the former Enforcement Decree of the Public Works Act, such as the Housing Site Development Promotion Act or the Housing Act, based on the delegation of Article 78(1) of the former Public Works Act.