1. The defendant received KRW 77,100,000 from the plaintiff at the same time as the plaintiff received KRW 77,100 from the plaintiff,

(a) real estate listed in the separate sheet;

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment on a parcel of 16,100.74 square meters outside the Incheon Bupyeong-gu, Incheon Metropolitan City, and was subject to the authorization for the implementation of a project on January 6, 2006 by the head of Bupyeong-gu, Incheon Metropolitan City, the head of Bupyeong-gu, which received the authorization for the implementation of a project on April 9, 2012, and the authorization for the implementation of a project on December 30, 201

B. The Defendant was the Plaintiff’s member who owned the real estate in the attached list (hereinafter “instant real estate”) located within the said rearrangement project zone, and did not apply for parcelling-out by July 19, 2012, which is the final date for application for parcelling-out.

C. The market price of the instant real estate as of July 20, 2012 is KRW 77,100,000.

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

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 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). B.

Judgment

The defendant shall apply for parcelling-out.