1. The Plaintiff:

A. Defendant B received KRW 60,000,000 from the Plaintiff at the same time, and at the same time entered in the separate sheet (1).

1. Basic facts

A. The Plaintiff secured the right to use 95.022% of the project site area of this case in order to implement the business of constructing a new apartment unit on the land outside Busan Seo-gu D and 504 lots (hereinafter “instant project site”).

B. On April 12, 2013, the Plaintiff obtained the approval of the housing construction project plan under Article 16(1) of the Housing Act from the Busan Metropolitan City head with respect to the construction of multi-family housing (multi-family housing) with 14 Dong 1,335 units on the ground of the instant project site, and the said approval was publicly notified on the same day.

C. On October 31, 2013, Defendant B acquired ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) included in the instant project site, and on November 1, 2013, Defendant C completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) on October 31, 2013 and the registration of the establishment of a neighboring mortgage of KRW 500 million with respect to the instant real estate (hereinafter “registration of establishment of a neighboring mortgage”).

On October 1, 2014, pursuant to Article 18-2(1)2 of the Housing Act, the Plaintiff filed an application for change of the purport and cause of the claim seeking the sale of the instant real estate with Defendant B as of the date of service of the application for change, and the duplicate of the said application was served on Defendant B on October 6, 2014.

E. The market price of the instant real estate around January 27, 2014 is KRW 60 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, the result of a request for market price appraisal of appraiser E by this court, the purport of the whole pleadings

2. The fact that the Plaintiff, a project proprietor who obtained approval for the housing construction project plan under the Housing Act for determining the claim against Defendant B, exercised the right to sell the instant real estate by serving a copy of the claim filed on October 1, 2014 and the application form for alteration of the cause of the claim on the ground of the claim on Defendant B is as seen earlier, and that the Plaintiff, as a project proprietor, exercised the right to sell the instant real estate on each of the written evidence Nos. 7