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

The grounds of appeal are examined.

1.(a)

Article 24 of the Urban Development Act provides that "A project operator shall establish and implement relocation measures, etc. for those who lose their base of livelihood due to the provision of land, etc. necessary for the implementation of an urban development project as prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Act on Public Works")."

Article 78(1) of the Public Works Act stipulates the details of the measures for a person who is deprived of his/her base of livelihood due to the implementation of public works (hereinafter referred to as "person subject to relocation measures") as a person subject to relocation measures or the payment of resettlement subsidies (hereinafter referred to as "the establishment of relocation measures, etc.") by combining the contents of the said measures, and delegates them to the Presidential Decree. The main sentence of Article 40(3)2 of the Enforcement Decree of the Public Works Act excludes "the owner of a building who has not been continuously residing from the date of public notification, etc. under the relevant Acts and subordinate statutes for public works to the date of conclusion of the contract or the date of adjudication of expropriation"

B. Since the application of the Act on the Measures for Relocation, etc., which are mandatory provisions, should be consistent, it is reasonable to interpret the legal basis date of the measures for relocation of individual laws and regulations as one of the criteria for the measures for relocation of residents. In full view of the procedures for the implementation of public works under the Urban Development Act and the policy needs to prevent speculative transactions following the implementation of such projects, the legal basis date of measures for relocation of residents, which falls under the “date of public announcement, etc. under the relevant Act and subordinate statutes for public works,” is pursuant to Article 7 of the former Urban Development Act (amended by Act No. 11690, Mar. 23, 2013); Article 11(2) and (1) of the former Enforcement Decree of the Urban Development Act (amended by Presidential Decree No. 24443, Mar.