1. The defendant shall be paid KRW 60,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

1. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a A apartment housing reconstruction and rearrangement project, the project implementation district of which consists of 25,315 square meters in North-gu, Northern-gu, Seog-si, and the Plaintiff completed the registration of incorporation on January 22, 2007 by obtaining authorization for establishment from the port market on January 18, 2007 pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

On October 24, 2016, the Plaintiff publicly announced the application for parcelling-out as of November 30, 2016, the expiration date of the period for application for parcelling-out.

The defendant owned real estate in the attached list within the above improvement project district (hereinafter referred to as the "real estate of this case") and was a member of the plaintiff, but did not apply for the application for parcelling-out by the expiration date of the above application period

Meanwhile, as of December 1, 2016, the market price of the instant real estate is KRW 60,000,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence No. 1, the result of the market price appraisal commission of appraiser D by this court, the purport of the whole pleadings

2. Determination

A. A. A person subject to a cash settlement of legal principles loses his/her membership status as a person subject to a parcelling-out due to reasons such as not applying for parcelling-out (see Supreme Court Decision 2009Da81203, Aug. 19, 2010). As such, it is reasonable to view that a reconstruction association can file a claim against a person subject to cash settlement for the registration of ownership transfer of real estate in an improvement zone by applying Article 39 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Sale.

However, the time when the obligation to pay the settlement money for a person subject to cash settlement arises shall be the following day after the end of the period of application for sale prescribed by the project implementer pursuant to Article 46 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (see Supreme Court Decision 2008Da37780, Oct. 9, 2008). Since the base point of time for assessing the value of the land, buildings or other rights subject to cash settlement is the same day as the base point of time for assessing the value of the land, buildings or other rights.