1. The Plaintiff:

A. Defendant B received KRW 104,000,000 from the Plaintiff and simultaneously received the payment from the Plaintiff.

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to carry out a housing reconstruction project (hereinafter “instant reconstruction project”) within the area D D of Changwon-si, Changwon-si.

B. Defendant B owned the real estate indicated in “an indication of the attached real estate” located within the instant reconstruction project implementation zone, and was a member of the Plaintiff who consented to the instant reconstruction project, and Defendant C occupied and used the said real estate as a lessee of the instant real estate.

C. After obtaining authorization to implement a project on December 20, 207, the Plaintiff received the application for parcelling-out from its members from October 17, 201 to November 16, 201.

However, the defendant B did not apply for the parcelling-out until the period for the above application for parcelling-out expires.

On September 20, 2012, the management and disposal plan related to the reconstruction project of this case formulated by the Plaintiff was approved and publicly notified of the original market.

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. The registration of the establishment of a neighboring mortgage of KRW 58,880,000 for the instant real estate was completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the 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 a sale claim is against a person who is not a member, and the right to claim sale can 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 but does not apply