1. Defendant B received KRW 70,500,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

1. Facts of recognition;

A. On May 30, 2005, the Plaintiff was established for the purpose of constructing a new apartment on the land of 16,100.74m2 of Bupyeong-gu Incheon Metropolitan City, and was authorized by the head of Bupyeong-gu, Incheon Metropolitan City, as the reconstruction association, which was authorized by the head of Bupyeong-gu, Incheon Metropolitan City, and was authorized by the head of Bupyeong-gu, Incheon Metropolitan City, which was authorized by the management and disposal plan for A reconstruction.

B. Defendant B is the Plaintiff’s member who owns the real estate in the attached list located in the said housing reconstruction 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.

C. Meanwhile, Defendant C occupied the instant real estate by transferring the instant real estate on May 7, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, 7, and 8 (including additional numbers), the purport of the whole pleadings

2. Determination

A. (i) The portion of the claim against Defendant B (i.e., the right to claim sale of the project implementer under Article 39 of the Act on the Conclusion of Sales and Purchase Contracts 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, since the person subject to cash settlement loses the status of a person subject to sale due to reasons such as not applying for sale, etc., he/she loses his/her status as a partner and has status as a person subject to withdrawal from the association, it is reasonable to deem that the reconstruction association can file a claim for the registration of transfer of ownership against

However, the time when the obligation to pay the settlement money for a person subject to cash settlement occurs shall be the following day after the expiration date of the period of application for parcelling-out prescribed by the project implementer pursuant to Article 46 of the Urban Improvement Act, and the base point of time for assessing the value of the land, buildings or other rights subject to cash settlement.