1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the following parts among the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “base date for Elimination” in Section 1 of Section 3 shall be changed to “base date for relocation measures”.

The 6th parallel 16 to 8th parallel 10 shall be as follows:

(2) The defendant asserts that Article 40 (3) of the former Enforcement Decree of the Public Works Act provides that the owner of an unauthorized building and the owner of a building who does not continue to reside in the building from the date of the public announcement under the relevant Acts and subordinate statutes for the public works to the date of the contract or the date of the expropriation ruling shall be excluded from the person subject to the relocation measures. The "date of public announcement, etc. under the relevant Acts and subordinate statutes" related to the Eunpyeong Urban Development Project shall be based on November 20, 202, which is the date of relocation measures stipulated in the public announcement N of Seoul Special Metropolitan City, and since the plaintiff C started to reside in the project district of this case after November 20, 202, it failed to meet the requirements of the person subject to relocation measures under the Public Works Act.

B) According to Article 23 of the former Urban Development Act, Article 78(1) of the former Public Works Act, and Article 40(3)2 of the former Enforcement Decree of the Public Works Act, the former Public Works Act was enforced on January 1, 2003, and Article 3 of the Addenda of the Act provides that “any disposal procedures and other acts conducted under the former Land Expropriation Act and the Act on the Special Cases concerning the Acquisition of Land and Compensation for Damages at the time of the enforcement of this Act shall be deemed to have been performed under the provisions of this Act.” Thus, the Act applicable to the criteria for the relocation measures of this case

A project operator shall be prescribed by the Enforcement Decree of the former Public Works Act for a person subject to relocation measures.