1. The plaintiff

A. Defendant B received KRW 104,000,000 from the Plaintiff and simultaneously entered in the attached list.

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for housing reconstruction projects implemented in the area D (hereinafter “instant reconstruction project”).

B. Defendant B, as the owner of the real estate in the attached list within the implementation zone of the instant reconstruction project (hereinafter “instant real estate”), was the Plaintiff’s member who consented to the instant reconstruction project, and Defendant C occupied the instant real estate as the lessee.

C. On December 20, 2007, the Plaintiff received the application for parcelling-out from its members after obtaining authorization to implement the project on December 20, 2007, from its members, from October 17, 201 to November 16, 201. Defendant B did not apply for parcelling-out until the period for application for parcelling-out expires.

On September 20, 2012, the Changwon Mayor approved and publicly notified the management and disposal plan of the instant reconstruction project established by the Plaintiff.

E. As of November 17, 201, the value of the instant real estate, including development gains anticipated to accrue from the instant reconstruction, is KRW 16,00,000,000.

F. In the instant real estate, the registration of the establishment of a mortgage on the real property of the mortgagee of the right to collateral security (right to collateral security) was completed over the maximum debt amount of KRW 39 million.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. As a matter of principle, a project implementer’s right to claim sale under Article 39 of the Act on the Establishment of a Sales Contract upon the exercise of the right to claim sale is against a person who is not a member, and it cannot be immediately applied to a person who is subject to cash settlement from a reconstruction association that is a project implementer pursuant to Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “person subject

However, a person subject to cash settlement.