The judgment below

The part of the case against the defendant Sungnam is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. 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 as prescribed by the Presidential Decree for persons who are deprived of their base of livelihood due to the implementation of public works (hereinafter “persons subject to relocation measures”) as a consequence of the provision of residential buildings due to the implementation of public works (hereinafter “persons subject to relocation measures”). Article 40(2) of the Enforcement Decree of the same Act (amended by the Presidential Decree No. 20722, Feb. 29, 2008; hereinafter “former Enforcement Decree of the Public Works Act”) provides that “If a person who wishes to move among the persons subject to relocation measures reaches or exceeds 10 houses among the persons subject to relocation measures, such as the Housing Site Development Promotion Act or the Housing Act, the project operator shall be deemed to have supplied housing sites or houses pursuant to the former Act.”

In full view of the above provisions, pursuant to the proviso of Article 40(2) of the Enforcement Decree of the former Public Works Act, the project implementer supplied housing sites or houses to those subject to relocation measures under the Housing Site Development Promotion Act or the Housing Act.