1. The defendant received KRW 376,960,00 from the plaintiff and simultaneously received KRW 376,960,000 from the plaintiff,

(a)each entry in the separate sheet;

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing reconstruction improvement project (hereinafter “instant project”) in Suwon-si C, Suwon-si, and the Defendant is the owner of each real estate listed in the separate sheet located in the instant project area (hereinafter “instant real estate”).

B. On September 7, 2016, the Plaintiff: (a) had the total area of 58,536 square meters in Suwon-si, Suwon-si, as the business area; and (b) completed the registration of incorporation on September 8, 2016, with the authorization for establishment of the business area.

C. On January 31, 2017, the Plaintiff sent a peremptory notice to the Defendant to the effect that “if the Plaintiff is deemed to have urged the Defendant to reply in writing as to whether he/she will participate in the re-building within two months, and if he/she fails to reply within two months, he/she will not participate in the re-building, he/she will exercise the right to demand sale under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”). The Defendant did not reply within two months after receipt of it on February 1, 2017.

On May 25, 2017, the Plaintiff filed the instant lawsuit against the Defendant on May 25, 2017, and exercises the right to demand sale as prescribed by Article 39 of the former Act.

“The Defendant entered the purport,” and the Defendant received the duplicate of the instant complaint on June 8, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination

A. According to Article 39 of the former Act on the Establishment of Sales and Purchase of Aggregate Buildings and Article 48(1) through (4) of the Act on the Ownership and Management of Aggregate Buildings, a housing reconstruction and improvement project association shall urge a person who has not consented to the establishment of the association to reply in writing as to whether he/she will participate in the reconstruction, and where there is no reply within two months, he/she may request a sale by deeming that he/she would not participate in the reconstruction as a reply.

Comprehensively taking account of the facts acknowledged above, the defendant.