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1. The judgment of the court of first instance is modified as follows.
The defendant is attached Form 2.2 to the rest of the plaintiffs except the plaintiff AH.
Reasons
1. Basic facts and the gist of the plaintiffs' assertion are as stated in the part against the plaintiffs in the first and the first and third grounds of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on Plaintiff AH’s claim
A. According to Article 78(4) of the former Public Works Act (amended by Act No. 8376 of Apr. 11, 2007), Article 23 of the former Urban Development Act (amended by Act No. 8376 of Apr. 11, 2007), Article 78(1) of the former Public Works Act, and Article 40(3)2 of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Presidential Decree No. 20722 of Feb. 29, 2008; hereinafter “former Enforcement Decree of the Public Works Act”), a project operator shall establish and implement relocation measures or pay resettlement funds to a person who is not residing in the relevant building from the date of conclusion of the contract or the date of expropriation as prescribed by the Enforcement Decree of the former Public Works Act for the purpose of providing residential buildings due to the implementation of an urban development project. However, the owner of a building who has not continuously resided in the relevant building from the date of conclusion of the contract.
Meanwhile, Article 21(2) of the former Urban Development Act provides that the Public Works Act shall apply mutatis mutandis to the expropriation of land, etc. necessary for an urban development project, except as otherwise provided for in the above Act. The former Public Works Act delegates specific regulations on the establishment, etc. of relocation measures to the Presidential Decree, but the main text of Article 78(4) provides that the details of relocation measures include basic living facilities of ordinary level, such as roads, water supply facilities, drainage facilities and other public facilities, in the resettlement settlement area (including a housing complex constructed by implementing relocation measures).