1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. The reasons for this part of the basic facts are as stated in the corresponding part from the second to fourth end of the judgment of the court of first instance. Thus, this part of the basic facts is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion is the owner of the instant residential building located within the instant rearrangement zone, and the Plaintiff’s family members were continuously residing in the period from the public inspection announcement date of the instant rearrangement plan to the date of the instant expropriation ruling. However, since the implementation of the instant project led to relocation to outside of the instant rearrangement zone due to the implementation of the project, the Defendant is obligated to pay the Plaintiff housing relocation cost and resettlement funds based on five household members.

3. Determination

A. 1) The former Act on the Improvement of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

Article 38 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation or use of the ownership of, and other rights to, the land, goods, or other rights for the implementation of a rearrangement project within a rearrangement zone. The main text of Article 40(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation or use of the ownership of, and other rights for, the implementation of a rearrangement project within a rearrangement zone, except as otherwise provided for in this Act. In addition, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Article 78(5) provides that "A resident in a residential building shall calculate and compensate expenses incurred in relocating the residence," and accordingly, the Enforcement Rule of the Land Compensation Act.