1. Defendant B received KRW 76,000,000 from the Plaintiff at the same time and simultaneously received from the Plaintiff

(a) real estate listed in the annex;

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on May 30, 2005 (hereinafter “Urban Improvement Act”), the Plaintiff was a reconstruction association established for the purpose of removing the buildings of an I apartment complex and constructing a new apartment complex on the land E, F, G, H, H, and I apartment complex on the land of Bupyeong-gu Incheon Metropolitan City and seven parcels (hereinafter “instant project area”), 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, by the head of Bupyeong-gu Incheon Metropolitan City.

B. Defendant B is the Plaintiff’s member who owns the real estate in the attached Form (hereinafter “instant real estate”) located within the instant project zone.

Defendant C occupies the instant real estate.

C. On May 31, 2012, the Plaintiff received an application for re-sale as determined by June 29, 2012 for the members of the association for the application for parcelling-out, and thereafter extended the expiration date of the application on July 19, 2012, but Defendant B did not apply for parcelling-out.

The Plaintiff exercised the right to demand sale by serving a duplicate of the instant complaint on Defendant B. D.

As a result of the market price appraisal of the instant real estate on July 20, 2012, the appraisal value under the transaction comparison method was 76,000,000 won.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, and the result of a request for a market price appraisal to the appraiser J, the purport of the whole pleadings

2. Determination

A. Where a partner who has agreed to establish an association in a housing reconstruction project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents becomes eligible for cash settlement under Article 47 of the same Act due to reasons such as not applying for parcelling-out, etc., the housing reconstruction project association, which is a project implementer, may file an application for registration of ownership transfer for real estate in a rearrangement zone against a person subject to cash settlement by applying mutatis mutandis Article 39 of the Act on the Maintenance and Improvement

Provided, That when the obligation to pay settlement money for a person subject to cash settlement arises, the Urban Improvement Act.