All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (Appointed Party) K and the remaining plaintiffs.

The grounds of appeal are examined.

1. Whether Plaintiff V’s relocation expenses are recognized

A. Under Article 40 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444 of Feb. 6, 2009; hereinafter “former Act”), the provisions of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) shall apply mutatis mutandis to the expropriation or use of land, etc. for implementing a rearrangement project within a rearrangement zone, except as otherwise provided in this Act.

Accordingly, a project operator should calculate and compensate expenses incurred in moving a residential building (hereinafter referred to as "resident relocation expenses") and expenses incurred in transporting movable property, such as household effects (hereinafter referred to as "director expenses") in accordance with the standards determined by Ordinance of the Ministry of Land, Infrastructure and Transport for residents of residential buildings.

(Article 78(5) and (9) of the Land Compensation Act provides for the requirements and criteria for the payment of housing relocation expenses as follows:

(1) When compensating the owner of a residential building to be incorporated in a zone where public works are performed, the cost of relocating the residential building shall be compensated for two months according to the number of members of the household; but if the owner of the building does not actually reside in the building or is an unauthorized building, etc., the building shall be excluded from the compensation (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 272 of Jan. 6, 2016).

Article 54 (1) 2) The tenant of a residential building that has been relocated due to the implementation of the public works project shall be compensated for the relocation expenses for four months depending on the number of household members in accordance with the number of household members, who have resided in the area where the public works are performed at the time of the public works project approval or the public works are publicly notified under relevant Acts and subordinate statutes

Provided, That this shall not apply to unauthorized buildings.