A. On April 12, 2013, the Defendant was a company that obtained approval from the head of Busan Metropolitan City for a housing construction project plan under Article 16(1) of the Housing Act with respect to a project that newly constructs multi-family housing (multi-family housing) with 14 Dong 1,335 units on the land outside Busan Seo-gu and 504 lots (hereinafter “instant project site”). The Plaintiff owned each real estate listed in the separate sheet in the instant project site (hereinafter “instant real estate”).

B. On April 15, 2013, the Defendant notified the Plaintiff of the purport to exercise the right to demand sale of the instant real estate pursuant to Article 18-2 of the Housing Act, and subsequently filed a lawsuit against the Plaintiff on May 6, 2013, the Busan District Court (hereinafter “instant lawsuit for claim for sale”). On July 24, 2013, the said court rendered a decision to recommend settlement (hereinafter “decision to recommend settlement of this case”) that “the Plaintiff shall implement the procedure for the transfer of ownership on the instant real estate to the Defendant on July 15, 2013, and deliver the instant real estate” (hereinafter “decision to recommend settlement of this case”). The decision to recommend settlement of this case became final and conclusive on August 10, 2013.

C. After that, the Defendant: (a) deemed that the market price of the instant real estate was 146,539,940 by requesting a third-party appraisal corporation to appraise the market price of the instant real estate in order to determine the purchase price of the instant real estate; (b) on October 22, 2013, notified the Plaintiff to receive the said appraised price as the purchase price until October 27, 2013; (c) however, the Plaintiff did not comply with such request.

Accordingly, on October 30, 2013, the Defendant deposited KRW 146,539,940 as the purchase price of the instant real estate with the deposited person as the Plaintiff, the Busan District Court Decision 8862, the amount of the said appraised value as the purchase price of the instant real estate (hereinafter “instant deposit”). On the other hand, on October 23, 2013, the instant real estate was issued as the receipt of the Busan District Court’s private registry office as of October 23, 2013.