The judgment below

Among them, the part against the Defendant against the Plaintiff G is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. 1) The former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8852, Feb. 29, 2008; hereinafter “former Act on Construction of National Rental Housing”) is only applicable.

Article 17(5) 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 “Land Compensation Act”).

Article 78(1) of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Presidential Decree No. 20722, Feb. 29, 2008; hereinafter “Enforcement Decree of the Land Compensation Act”).

According to Article 40(3)2 of the Act, a project implementer is deemed to be a person who is deprived of his/her base of livelihood as a result of providing residential buildings due to the implementation of a national rental housing construction project (hereinafter “person subject to relocation measures”).

(2) For the purpose of the Land Compensation Act, the implementation and implementation of the relocation measures or the payment of resettlement subsidies (hereinafter referred to as the “establishment, etc. of relocation measures”) shall include the contents of the said measures.

However, in principle, the owner of a building who does not reside continuously from the "date of public notice, etc. under the relevant Acts and subordinate statutes" for public works to the "date of conclusion of the contract or the date of expropriation decision" is excluded from the person subject to relocation measures

Meanwhile, while the Land Compensation Act delegates specific regulations on the details of the establishment of relocation measures to the Presidential Decree pursuant to Article 78(1), the main text of Article 78(4) is “the basic living facilities of ordinary level, such as roads, water supply facilities, drainage facilities, and other public facilities, in a resettlement area (including a housing complex constructed by implementing relocation measures).”

This shall be included, and the expenses incurred therein shall be borne by the project operator.

“Direct.”