1. Defendant B received KRW 56,900,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment on a parcel of 16,100.74 square meters outside the Incheon Bupyeong-gu, Incheon Metropolitan City, and was subject to the authorization for the implementation of the project on January 6, 2006, the authorization for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015.

B. Defendant B was the Plaintiff’s member who owned the real estate in the attached list located in the above rearrangement project zone (hereinafter “instant real estate”), and did not apply for parcelling-out by July 19, 2012, which is the final date for application for parcelling-out.

Defendant C and D occupy the instant real estate.

C. The market price of the instant real estate as of July 20, 2012 is KRW 95,900,000.

The registration of establishment of a mortgage on the instant real property was completed over the maximum debt amount of KRW 39,00,000,000.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 7, the appraiser F's appraisal result, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Where a member who has agreed to establish an association in a housing reconstruction project under the relevant legal principles and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) becomes a person subject to cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., he/she shall lose his/her status as a member and thereby becomes a person subject to withdrawal from the association. As such, a housing reconstruction and improvement project association, which is a project implementer, may file a claim for

However, the time when the obligation to pay the settlement money arises for a person subject to cash settlement shall be the following day after the end of the period of application for parcelling-out prescribed by the project implementer pursuant to Article 46 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and since the base point of time for assessing the value of land, buildings or other rights subject to cash settlement is the same day