1. The Defendant received KRW 21,153,528 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) real estate listed in the separate sheet;

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 a project on January 6, 2006 by the head of Bupyeong-gu, Incheon Metropolitan City, the head of Bupyeong-gu, which received the authorization for the implementation of a project on April 9, 2012, and the authorization for the implementation of a project on December 30, 201

B. D is the Plaintiff’s member who owned 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.

The Defendant purchased the instant real estate from D on May 27, 2016, and completed the registration of ownership transfer on July 15, 2016.

C. Market value as of July 20, 2012 at the time of the instant real estate is KRW 70,700,000.

As of December 19, 2016, the establishment registration of a mortgage-backed real estate in the instant case was completed with the Korea Slaterd Bank, Korea, the maximum debt amount of 60,000,000 won. As of December 19, 2016, the secured debt amount of the said mortgage-backed real estate is KRW 49,546,472.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and 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 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 object of cash settlement.