1. The defendant received KRW 77,400,000 from the plaintiff at the same time as the plaintiff received the payment from the plaintiff,

(a) real estate listed in the annex;

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment on a parcel of 16,100.74m2, other than Bupyeong-gu, Incheon, Bupyeong-gu, and seven lots of land, and was publicly notified by the head of the Incheon Bupyeong-gu, which received a public notice of the management and disposal plan for the A housing reconstruction project from the head of the

B. The Defendant was the Plaintiff’s member who owned the real estate in the said housing reconstruction improvement 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. As of July 20, 2012, the market price of the instant real estate is KRW 77,400,000.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the result of appraiser D's market price appraisal, the purport of the whole pleadings

2. Determination as to the cause of action

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

However, the time when the obligation to pay the settlement money for a person subject to cash settlement arises shall be the following day after the end of the period of application for parcelling-out prescribed by the project implementer pursuant to Article 46 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and the same day as the base point of time for assessing the value of the land, buildings, or other rights subject to cash settlement is the same day. Thus, the date when the establishment of sales

(See Supreme Court Decision 2010Da73215 Decided December 23, 2010). A project implementer has not filed an application for parcelling-out in accordance with Article 47 of the Urban Improvement Act.