1. Defendant B received KRW 25,900,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) the annexed list;

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment on the land outside of 16,100.74 square meters of Bupyeong-gu, Incheon Metropolitan City, which was subject to the authorization of the project implementation on January 6, 2006 by the head of Bupyeong-gu, Incheon Metropolitan City, the head of Bupyeong-gu, which was subject to the authorization of the project implementation on April 9, 2012, and the authorization of the management and disposal plan on December 30, 2015.

B. Defendant B was the Plaintiff’s member who owned the 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.

Defendant C occupies the instant real estate.

C. The market price of the instant real estate as of July 20, 2012 is KRW 76,300,000.

The establishment registration of the real estate in the instant case was completed with the Industrial Bank of Korea and the maximum debt amount of KRW 50,400,000.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the result of appraiser E's appraisal, the purport of the whole argument

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 for a person subject to cash settlement arises shall be the following day after the end of the period of application for sale prescribed by the project implementer pursuant to Article 46 of the Act on the Maintenance of Urban Areas and Dwelling Conditions, and since the base point for assessing the value of the land, buildings, or other rights subject to cash settlement is the same day as the base point for assessing