1. The Defendant received KRW 59,700,000 from the Plaintiff at the same time as the Plaintiff received the payment from the Plaintiff:

(a) the attached list real estate;

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization for establishment on May 16, 2017 for the purpose of housing reconstruction and rearrangement project, which provides two parcels, including Gwangju Northern-gu C, as a project implementation district.

The Defendant is the owner of the real estate listed in the attached list in the project implementation district (hereinafter “instant real estate”).

B. On September 5, 2018, the Plaintiff sent a peremptory notice to the Defendant stating that “The Plaintiff shall urge the Defendant to reply in writing to whether to participate in the re-building within two months, and if the Plaintiff fails to reply within two months, he/she shall not participate in the re-building, and in that case, he/she shall exercise the right to demand sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).” The Defendant did not answer two months after receiving it on September 6, 2018.

C. On December 26, 2018, the Plaintiff filed the instant lawsuit against the Defendant, stating in the complaint that “The Plaintiff shall exercise the right to demand sale as prescribed by Article 39 of the former Act,” and the Defendant was served with a duplicate of the instant complaint on January 21, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 39 of the former Act on the Establishment of Sales and Purchase of Aggregate Buildings and Article 48(1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, a housing reconstruction and improvement project association shall urge a person who did not consent to the establishment of the association to reply in writing as to whether he/she will participate in the reconstruction, and if he/she does not reply within two months, he/she may request a sale by deeming that he/she did not participate in the reconstruction and claim for sale.

In full view of the above facts, the defendant received a written peremptory notice from the plaintiff to ask whether to participate in the re-building.