손해배상(기)
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be assessed against the principal lawsuit and counterclaim.
The reasons why the court of this case cited in the judgment of the court of first instance are as stated in the part of the judgment of the court of first instance concerning the remaining part except for the part concerning the plaintiff's claim for damages and its judgment on the plaintiff's claim for damages, as stated in the following Paragraph 2. Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure
In addition, the following shall be added to the fifth 20th 20th son of the first instance judgment:
The defendant asserts that "an application for expropriation by an application for expropriation made after the project implementation period expires is illegal."
On the other hand, the decision of expropriation is an administrative disposition that has fairness and constituent effect, so long as it cannot be viewed as void as a matter of course, it cannot be asserted the validity of the administrative disposition in the civil procedure until it is legally cancelled by administrative litigation, etc.
In addition, the "project implementation period" stipulated in the project implementation plan can be modified through the amendment plan of the project implementation plan, and Article 30 of the Urban Improvement Act and Article 41 (2) of the Enforcement Decree of the same Act provide for the matters to be included in the project implementation plan, and they delegate the project implementation period to the Presidential Decree without requiring entry, so it is difficult to regard the project implementation period as an essential and important element of the project implementation plan, so the "project implementation period" means only the "scheduled period" of the project implementation plan to be implemented by the project operator according to the project implementation plan, and it cannot be seen as the term of validity of the project implementation plan itself. Even if Eul is based on the entry in the certificate No. 24, it can be recognized that the application for expropriation ruling on the real estate in the attached list was made within the modified