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1. Of the judgment of the first instance, part of the judgment against Plaintiffs A, B, C, D, and F is modified as follows:
The defendant, the plaintiff B, C, D, and .
Reasons
Basic Facts
On October 23, 2002, the Seoul Special Metropolitan City Mayor for the implementation of an urban development project of Eunpyeong New Town published a plan for the implementation of an urban development project under the Urban Development Act (hereinafter “instant project”) with respect to the districts, etc. of Eunpyeong-gu, Seoul, the Jin-dong and the Dong-dong 3,593,000 square meters in Pyeongtaek New Town-dong, Seoul, and on November 25, 2002, the base date for the relocation measures of the instant project was determined and publicly announced as November 20, 2002.
(No. 202-130 of the Seoul Special Metropolitan City Notice No. 2002-130). After obtaining approval from the Minister of Construction and Transportation on December 30, 2003, the Seoul Special Metropolitan City Mayor approved and publicly notified the designation of the project area of this case and the project plan of this case, the project area of which is designated as 3,495,248 square meters under the Seoul Special Metropolitan City Notice No. 2004-58 on February 25, 2004, and the project operator as the defendant (the name at the time was the Seoul Special Metropolitan City Urban Development Corporation, and it was changed to the name at March 17, 2004).
On the other hand, on January 15, 2004, the date when the residents' public inspection was publicly announced to designate Pyeongtaek New Town District as an urban development zone, and thereafter on January 3, 2008, the project area was changed to 3,492,421 square meters due to the change of the project implementation plan of this case.
On October 19, 2004, the Defendant publicly announced the relocation measures concerning the instant project (hereinafter “the relocation measures”), and the main contents are as follows:
[Public Notice of Relocation Measures for the Residents' Relocation Zone] The base date for relocation measures: On November 20, 2002; however, on August 20, 2002, a tenant shall supply a multi-sale apartment with an exclusive area of 60 square meters or less within the business area to a person who owns a house on his/her own land from before the base date to the date of conclusion of the agreement or the date of expropriation decision (unconsulters) on August 20, 2002.
Provided, That a person who has consulted on compensation and voluntarily relocated shall be supplied with an apartment unit with an area not exceeding 85 square meters in the business area.
(2) The requirements under paragraph (1) shall be met as of the base date.