A. The real estate listed in the separate sheet (hereinafter “instant apartment”) acquired and owned the ownership on June 30, 198 by Nonparty Dong- (Death on June 16, 2016).

B. The Defendant is an association established with the approval of establishment from the head of Gangnam-gu Seoul Metropolitan Government on November 18, 2002 to implement a housing reconstruction project (hereinafter “instant rearrangement project”) for C apartment units (hereinafter “C apartment”) located in the size of 24,161.6 square meters of the Gangnam-gu F and four parcels (hereinafter “C apartment”).

On Aug. 12, 2006, the Defendant formulated a management and disposition plan at an extraordinary general meeting (hereinafter referred to as the "first management and disposition plan"), and formulated a new management and disposition plan that modifies the estimated amount of the rearrangement project cost, the amount of the shares to be borne by the association members, etc. (hereinafter referred to as the "second management and disposition plan"), from among the first management and disposition plan at an extraordinary general meeting on March 8, 2008 and July 19, 2008, and accordingly implemented the rearrangement project by entering into a sales contract with the association members for the newly constructed apartment through the rearrangement project in this case.

C. On July 25, 2008, the network E, the Defendant’s members and directors of the Defendant’s association, as the owner of the instant apartment, filed an application for parcelling-out within the period of application for parcelling-out, and concluded a contract for parcelling-out with the Defendant for G as set forth in the result of the drawing-out of the union members for a newly-built apartment (hereinafter “instant parcelling-out contract”). On the date of the contract, 45,079,000 won as the first parcelling-out contract, and 46,210,90 won as the second parcelling-out contract on January 13, 2009, respectively, paid 91,289,90 won as the total of the parcelling-out contract amount (hereinafter “instant parcelling-out contract”).

However, some of the members filed a lawsuit seeking confirmation of invalidity of the management and disposition plan, claiming that the first and second management and disposition plan for the instant rearrangement project is null and void, and on October 26, 201, the appellate court of the instant case was Seoul High Court 201Nu9531, 9548 (Joint).