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

The defendant shall receive KRW 76,00,000 from the plaintiff at the same time.

1. Basic facts

A. Under the conditions as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and the articles of incorporation, the Plaintiff is a reconstruction association established for the purpose of removing the buildings within the project area of the land E, F, G, J, and D apartment complex and constructing a new apartment on the land, and the Defendant consented to the establishment of the Plaintiff as the owner of the real estate listed in the attached Table of the instant project area (hereinafter “instant real estate”).

B. On March 30, 2005, the Plaintiff obtained authorization for the implementation of a housing reconstruction project from the head of the Incheon Bupyeong-gu Office, and was publicly notified on April 9, 2012.

C. On May 22, 2012, the Plaintiff publicly announced an application for re-sale; the Plaintiff received an application for re-sale from May 31, 2012 to June 29, 2012; the Plaintiff extended the application for re-sale from June 30 to July 19, 2012; however, the Defendant did not apply for re-sale.

The market price of the real estate in this case on July 20, 2012, including development gains from reconstruction, is KRW 76 million.

[Reasons for Recognition - Unsatisfy Facts, entry of Gap evidence 1 through 7 (including paper numbers), the result of a request for market price appraisal to K appraiser's office by the court of the trial, the purport of the whole pleadings]

2. Determination as to the cause of action

A. In principle, a reconstruction association which is a project implementer of the relevant legal principles does not recognize the right to expropriate real estate in a rearrangement zone, and as a matter of principle, a project implementer's right to claim sale of real estate stipulated in Article 39 of the Urban Improvement Act is against a person who is not a member and cannot be immediately applied to a person subject to cash settlement who has agreed to establish an association. However, a person subject to cash settlement is also disqualified as a member because he/she loses the status of a person subject to sale due to