The judgment below

Among the plaintiffs B, C, R, T, and V, their parts are reversed, and this part of the case is to Seoul High Court.

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

1.(a)

Article 24 of the Urban Development Act provides that "A project operator shall establish and implement relocation measures, etc. for those who lose their base of livelihood due to the provision of land, etc. necessary for the implementation of an urban development project as prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Act on Public Works")."

Article 78(1) of the Public Works Act provides that "a project operator shall either establish and implement relocation measures or pay resettlement funds to a person who is deprived of his/her base of livelihood by providing a residential building due to the implementation of public works (hereinafter referred to as "person subject to relocation measures"), as prescribed by Presidential Decree, for the purpose of the person subject to relocation measures due to the implementation of public works, and sets the details of the measures for a person subject to relocation measures as a plan for relocation measures or a payment of resettlement funds (hereinafter referred to as "establishment, etc. of relocation measures")

According to delegation, the Enforcement Decree of the Public Works Act provides for the specific scope of a person who is excluded from a person subject to relocation measures under Article 40(3) in the manner prescribed in each subparagraph, and the main sentence of subparagraph 2 provides that "the owner of a building who does not continuously reside in the building from the date of public notification, etc. under the relevant Acts and subordinate statutes for public works to the date of conclusion

Meanwhile, while the Public Works Act delegates specific regulations on the establishment of relocation measures to the Presidential Decree, the main text of Article 78(4) applies to the resettlement area (including housing complex constructed by implementing relocation measures).