1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 122,00,000 from the plaintiff.

1. Facts of recognition;

A. The parties’ relationship 1) The Plaintiff’s housing reconstruction project (hereinafter “instant reconstruction project”) at the D D D D, Changwon-si, Changwon-si (hereinafter “instant reconstruction project”).

(1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

(2) The Defendant was the Plaintiff’s member who consented to the instant reconstruction project, as a person who owns and occupies the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) located within the implementation zone of the instant reconstruction project.

B. After receiving project implementation authorization on December 20, 2007, the Plaintiff neglected to apply for parcelling-out, the “from October 17, 201 to November 16, 201” was determined and publicly announced as the period for application for parcelling-out.

However, the defendant did not apply for parcelling-out until the period of application for parcelling-out expires.

C. On September 20, 2012, the Plaintiff obtained approval of a management and disposal plan based on the current status of the application for parcelling-out from the original market on September 20, 2012. 2) The registration of the establishment of a neighboring mortgage, which is a maximum debt amount of 58,800,000, is completed for the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, 8, Gap evidence 14-1, 2, and Gap evidence 15, the purport of the whole pleadings

2. The assertion and judgment

A. As a matter of principle, a project implementer’s right to claim sale under Article 39 of the former Act on the Establishment of Sales Contracts upon the exercise of the right to claim sale is against a person who is not a member of the association, and it cannot be immediately applied to a person who is subject to cash settlement from a reconstruction association that is a project implementer pursuant to Article 47 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (hereinafter “person subject

However, a person subject to cash settlement shall be eligible for parcelling-out due to reasons such as not applying for parcelling-out.