Defendant’s KRW 280,038,120 and KRW 200,00 among the Plaintiff’s KRW 280,000 and the Plaintiff’s KRW 80,000.

1. Basic facts

A. The Plaintiff is a cooperative established to remove existing houses, etc. in a business implementation zone of 39,682.70 square meters in Dongjak-gu Seoul Metropolitan Government, and to implement a project to reconstruct new houses on the land. The Defendant and D, as the Plaintiff’s member, have shared one-half equity shares in the Dongjak-gu Seoul Metropolitan Government apartment E (hereinafter “instant apartment”) located in the said business zone as the Plaintiff’s member.

B. On May 28, 2010, the Plaintiff obtained authorization for the implementation of the project from the head of Dongjak-gu Seoul Metropolitan Government, and received the application for parcelling-out from July 28, 2010 to September 17, 2010, and from October 4, 2010 to October 29, 2010, the Defendant and D applied for parcelling-out within the said parcelling-out period.

(c)

The Plaintiff obtained authorization of the management and disposition plan on August 19, 2015, and the Defendant and D completed the registration of ownership transfer on September 11, 2015 with respect to the instant apartment on the ground of self-trust on September 1, 2015.

(d)

The Defendant obtained a loan of KRW 400,000,000 from the F Co., Ltd. (hereinafter “F”) on September 15, 2015 under the pretext of resettlement at the interest rate fluctuation rate (based on the balance-based COFX 0.41% 6 months). An additional loan was granted on December 14, 2015 at the interest rate fluctuation rate of KRW 160,00,000 (based on the balance-based COFX 0.41% 6 months), and the additional loan was granted (hereinafter collectively referred to as “the instant loan agreement”). With respect to non-loan for relocation, there is no dispute as to the loan of KRW 400,000 between the Plaintiff and the Defendant as interest rate fluctuation rate of KRW 160,00,000.

On September 11, 2015, the Defendant and D completed the registration of the establishment of a mortgage on the ground of the debtor, the maximum amount of the credit, and the mortgage contract on September 1, 2015.

E. From August 22, 2016 to August 27, 2016, the Plaintiff agreed to allow its members to enter into a sales contract by setting the period for the sales contract. The Defendant and D are the Plaintiff and Seoul G apartment around August 29, 2016.