1. The Plaintiff:

A. Defendant B received KRW 37,376,00 from the Plaintiff and simultaneously entered in the separate sheet 1.

1. Basic facts

A. 1) The establishment and reconstruction resolution of the association of this case 1) Busan Geum-gu E Commercial Building (hereinafter “instant commercial building”).

The sectional owners under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on July 28, 2006

b)the Frebuilding and Maintenance Project Association (hereinafter referred to as the “instant Association”) to carry out the urban environment rearrangement project under the Act;

However, the said urban environment rearrangement project was suspended due to the internal circumstances of the association, etc. on July 26, 2016, and the project implementation plan approval was revoked on August 24, 2016, respectively. 2) The instant association decided to implement a reconstruction project (hereinafter “instant reconstruction project”) under the Act on Ownership and Management of Condominium Buildings, other than a rearrangement project under the Urban Improvement Act (hereinafter “Act”) and held an extraordinary general meeting on November 17, 2015, with a view to holding an extraordinary general meeting on December 3, 2015, for the sectional owners of the instant commercial building on the following grounds: (a) the case of election of the president and executive officers of the association (title 1); (b) the case of the amendment of the articles of incorporation (title 2); (c) the case of the amendment of the project plan and the resolution for reconstruction (title 3); and (d) the case of the alteration of the joint executor’s execution company (title 4) as an agenda item.

3) A notice of convening an extraordinary general meeting shall contain the following rebuilding business plan (hereinafter “instant business plan”):

was accompanied by the attachment.

III. Project Promotion Plan;

1. 사업시행방식 ◆ 집합건물법의 규정에 따라 기존 상가를 모두 철거하고 그 대지를 이용하여 공동주택을 신축하여 조합원들에게 우선 분양하고, 잔여분에 대하여는 일반분양한다.

2. 조합원 분양방법 ◆ 전체조합원에게 주택법이 정하는 방법에 따라 1세대씩 분양하는 것을 원칙으로 하고, 구분소유권의 면적에 따라 조합원의 신청으로 수명이 1개의 주택을 공동으로 분양받을 수 있도록 할 수도 있다.

◆ 주택의 분양금액은 층별에 따라...