1. The defendant received KRW 73,300,000 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 was a reconstruction association established on May 30, 2005 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of removing the buildings of the instant apartment complex and constructing a new apartment complex by removing the buildings of the land D, E, F, G, and H apartment complex on the land of Bupyeong-gu Incheon Metropolitan City and seven parcels (hereinafter “instant project zone”), and was granted authorization for the implementation of the project on January 6, 2006 by the head of Bupyeong-gu Incheon Metropolitan City, the authorization for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015.

B. The Defendant is the Plaintiff’s member who owns the real estate in the attached Form (hereinafter “instant real estate”) located within the instant business zone.

On May 31, 2012, the Plaintiff received an application for re-sale as determined by June 29, 2012 from its members for the application for parcelling-out, and thereafter extended the expiration date of the application on July 19, 2012, but the Defendant did not apply for parcelling-out.

The Plaintiff exercised the right to demand sale by serving a duplicate of the instant complaint on the Defendant.

C. As a result of the market price appraisal of the instant real estate on July 20, 2012, the appraisal value based on the transaction comparison method was 73,300,000 won.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1-7, and the result of a request for market price appraisal of appraiser I, the purport of the entire pleadings

2. Determination

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

Provided, That when the obligation to pay settlement money for a person subject to cash settlement occurs, the project implementer shall determine pursuant to Article 46 of the Urban Improvement Act.