1. The defendant's appeal is dismissed.

2. Of the disposition of the first instance court, the part against the plaintiffs in paragraph 1 of the same Article is remanded before it is remanded.

1. Basic facts

A. On February 25, 2004, the development plan was approved as an urban development zone (E urban development zone; hereinafter “instant development zone”) under the Urban Development Act on February 25, 2004 by the Eunpyeong-gu Seoul Metropolitan Government public notice D on February 25, 2004. The Defendant was designated as the implementer of the said urban development project (hereinafter “instant project”).

On the other hand, the date of announcement for public inspection of residents to designate the above AB and C's land as the development zone of this case is January 15, 2004 (hereinafter "the date of announcement for public inspection of this case").

B. On October 19, 2004, the Defendant announced the relocation measures for the instant project, and the main contents are as follows.

The base date for the announcement of relocation measures for E urban development zones: On November 20, 2002: Provided, That on August 20, 2002, a tenant shall supply a apartment unit 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 before the base date, and has continuously resided in the house concerned by the date of conclusion of a contract for consultation or the date of expropriation (unconsultations) on which he/she owns a house on his/her own land before the base date;

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2) Paragraph (1) shall apply mutatis mutandis where all members of the household who meet the requirements referred to in paragraph (1) are homeless outside the business area from before the base date to the public notice of a compensation plan.

(3) The owner of a house on another person's land omitted (1) who owns a house within the business area from the base date to the date of conclusion of the contract or the date of decision on expropriation, and continuously resides in the house concerned shall supply an apartment unit with an exclusive area of 60 square meters or less within the business area.

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2)