1. The defendant received KRW 16,637,620 from the plaintiff and simultaneously received KRW 16,637,620 from the plaintiff,

(a) real estate listed in the separate sheet;

1. Facts of recognition;

A. On October 25, 2002, the Plaintiff Union is a regional housing association which obtained authorization from the head of Mapo-gu Office for the purpose of constructing a collective housing in Mapo-gu Seoul Mapo-gu Seoul.

B. Around 2008, the Defendant entered into a membership agreement with the Plaintiff Union even though it is not a member of the Plaintiff Union.

C. Around July 6, 2009, the Defendant entered into a housing supply contract (hereinafter “instant housing supply contract”) with the Plaintiff’s association and the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) in the purchase price of KRW 436,636,300.

The housing supply contract prepared by the Defendant at the time of entering into the instant housing supply contract provides that the Plaintiff’s cooperative shall jointly pay the down payment, intermediate payment, and the remainder to the national bank designated account under the name of Gyeongnam Enterprise Co., Ltd., a joint seller selling the instant apartment. However, the Defendant paid the said designated account the sum of KRW 16,637,620 in total, including KRW 14,697,620 on January 22, 2009, and KRW 16,637,620 on September 1, 2009, and KRW 16,637,620 on September 1, 2009. Meanwhile, the part on the preparation of the Defendant’s housing supply contract, a joint seller of the said housing supply contract, written only in the name of the Plaintiff’s cooperative and the part on the Defendant’s name, and thereafter, the Defendant occupies the apartment after moving into the instant apartment around September 10.

E. On February 26, 2010, the Plaintiff Union completed the registration of ownership preservation on the instant apartment on the following grounds: (a) on March 10, 2010, the Plaintiff Union completed the registration of ownership transfer on the ground of sale on July 6, 2009 (hereinafter “instant registration of ownership transfer”).

F. However, the Plaintiff Union concluded the instant housing supply contract with the Defendant before entering into the instant housing supply contract and did not go through a resolution of the general meeting of its members regarding selling the instant apartment. Meanwhile, the Seoul Western District Court on January 25, 2010.