1. The defendant received KRW 44,450,00 from the plaintiff at the same time as the plaintiff received KRW 44,450,000,

(a) real estate listed in the separate sheet;

1. Facts of recognition;

A. The Plaintiff is an organization established to implement a housing reconstruction improvement project (hereinafter “instant reconstruction project”) for the relevant large area (14,831.7 square meters in the rearrangement zone, and 13,034.8 square meters in the site area) including real estate listed in the attached Table list (hereinafter “instant real estate”). The Plaintiff obtained authorization to establish the association from the Ansan market on June 26, 2003, completed the establishment registration on July 30, 2003, and obtained authorization to implement the project on April 27, 2009.

B. On May 24, 2010, the Plaintiff made an announcement of the application for parcelling-out for the instant reconstruction project to its members (from June 1, 2010 to June 30, 2010), and made an extension public announcement of the application for parcelling-out on June 30, 2010 (from July 1, 2010 to July 20, 201), and the Plaintiff, who was the owner of the instant real estate at that time, became subject to cash liquidation as the Plaintiff did not apply for parcelling-out within the said period.

C. On November 8, 2016, the Defendant purchased the instant real estate from the former owner who was a member, and completed the registration of ownership transfer on December 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-6, Gap evidence 5-8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Relevant legal principles 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) such as not applying for parcelling-out or withdrawing by a partner

Where a person becomes a partner for cash settlement because he/she falls under the requirements prescribed in the articles of association of the association, he/she shall lose his/her status as a partner and have status as a partner for the withdrawal from the association. Therefore, a reconstruction association may file a claim for registration of ownership transfer for real estate in an improvement zone by applying mutatis mutandis

In such cases, the time when the obligation to pay the settlement money arises, and the land, buildings or other objects of the cash settlement.