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

The grounds of appeal are examined.

1. In full view of the adopted evidence, the court below acknowledged the fact that the plaintiff owned a building in the instant project district before January 15, 2004, on which the plaintiff announced the public inspection of the residents' public inspection of designating H district as an urban development zone, and had resided therein. Since there are no circumstances to deem that the plaintiff falls under the grounds for excluding those subject to relocation measures under Article 40(3) of the former Enforcement Decree of the Public Works Act, the court below partially accepted the plaintiff's claim for return of unjust enrichment.

2.(a)

Article 78(1) of the former 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 to a person who is deprived of his base of livelihood as a result of the provision of a residential building due to the implementation of a public project (hereinafter “person subject to relocation measures”), as prescribed by the Presidential Decree, for a person who is subject to relocation measures due to the implementation of a public project. Article 40(3)2 of the former Enforcement Decree of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Presidential Decree No. 20722, Feb. 29, 2008; hereinafter “former Enforcement Decree of the Public Works Act”) provides that the owner of a building who has not resided in the building concerned from the date of public notice, etc. under the relevant Act and subordinate statutes to the date of

In addition, Article 7 of the former Urban Development Act (amended by Act No. 8376 of Apr. 11, 2007) is the legal base date for relocation measures falling under the "date of public notice, etc. under the relevant Acts and subordinate statutes for public works" in urban development projects, and Article 18738 of the former Enforcement Decree of the Urban Development Act is the Presidential Decree of March 12, 2005