1. The defendant shall be the plaintiff.

A. The Plaintiff deposited KRW 2,015,102,745 in the deposit account indicated in the separate sheet, and the Plaintiff’s interest thereon.

1. Facts of recognition;

A. On September 5, 2012, the Plaintiff entered into a construction contract with the Defendant on the part of the Defendant for the purpose of the Defendant’s reconstruction project with the content that the Plaintiff would perform construction works on the apartment and its ancillary and welfare facilities, etc. to be newly built in the Mangyeong-gu, Daegu-dong, Incheon-dong (hereinafter “instant construction contract”). The main contents of the said contract are as follows.

Article 19 (Sale by Units) (1) Members A (referring to the defendant; hereinafter the same shall apply in this contract) shall be the timing and methods for the payment of contributions to the building facilities sold in lots as follows:

1. The payment method of Gap's contribution (excluding the amount from the sale price) shall be 20% of the down payment at the time of the contract, 20% of the balance within the occupancy period, 10% of the part payment x 6 installments in six installments;

Article 35 (Appropriation and Settlement of Funds for Construction Project) (1) The construction project costs of Eul (referring to the plaintiff; hereinafter the same shall apply in this contract) under Article 4 (2) shall be appropriated for the contributions of the association members under Article 19 and the general sale proceeds under Article 20, and the general sale receipt account shall be established in the name of Eul, and the receipt account of the contributions of the association members shall be established in the joint name of Gap and Eul, and Gap shall comply with the request for withdrawal of Eul, except in extenuating circumstances.

Provided, That special reasons shall be limited to the case where the construction project has been progress by at least 25% compared to the scheduled progress rate, and where the subcontractor is not the progress of the construction project due to the failure to pay the construction cost, etc.

B. According to the instant construction contract, the Plaintiff and the Defendant opened the Nonghyup Bank Deposit Account (hereinafter “the instant deposit account”) in the separate name of the Defendant and the Defendant, which received the shares of the association members. At present, KRW 2,015,102,745 in the instant deposit account is deposited in the aggregate of the shares paid by the Defendant members.

C. On April 1, 2016, the Plaintiff completed construction works on apartment buildings, etc. under the instant construction contract, and from the Sung-gu Office of the Daegu Metropolitan City on April 21, 2016.