1. It shall be confirmed that the real estate stated in the separate sheet is owned by the plaintiff;

2. The costs of the lawsuit are assessed against the defendant.

1. Facts of recognition;

A. On March 29, 2018, the Plaintiff newly built a “D” apartment on the window C 51,161 square meters in Changwon-si, Changwon-si, a total of 1,034 square meters, and received a usage inspection on March 29, 2018.

B. On January 9, 2012, Nonparty E agreed to be supplied with real estate listed in the separate sheet (hereinafter “instant apartment”) among the above apartment units as the Plaintiff’s members, and the down payment was made at the time of the contract, the intermediate payment was made in installments, and the remainder was paid on the date of designation of occupancy.

C. On September 20, 2015, the Plaintiff succeeded to the membership status from Nonparty E, and entered into a supply contract with the Plaintiff that the Plaintiff and the Defendant would pay KRW 176,160,000 to the Plaintiff and be supplied with the instant apartment.

However, the defendant paid only KRW 39,932,00 among the charges to be paid to the plaintiff, and did not pay the charges after the third intermediate payment.

The rules of the plaintiff's association stipulate that the president of the association may withdraw the members ex officio after the resolution of expulsion is made by the board of directors if the payment of the charges is not paid twice or more.

On July 10, 2020, the board of directors of the plaintiff decided to dismiss the defendant, and notified the defendant of his expulsion.

E. The defendant is registered as the first owner in the building ledger of the apartment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 10, purport of whole pleading

2. According to the above facts, the apartment supply contract of this case between the plaintiff and the defendant was lawfully rescinded by service of a copy of the complaint of this case, and thus, the ownership of the apartment of this case was reverted to the plaintiff as the original purchaser.

On the other hand, since the defendant is registered as the owner on the aggregate building ledger, the plaintiff has a benefit to obtain confirmation of ownership from the defendant.

In regard to this, the defendant shall be 122,00,000 at the time of transfer from Nonparty E to Plaintiff’s membership.