1. The Defendants received each of the KRW 104,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

A. Defendant B shall be as shown in Appendix 1.

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, within the implementation zone of the instant reconstruction project, owned and occupied the real estate indicated in the annex 1 “real estate indication” (hereinafter “real estate No. 1”) and the real estate indicated in the annex 2 “real estate indication” (hereinafter “real estate No. 2”) and the Plaintiff’s members agreed to the instant reconstruction project.

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 defendants did not apply for parcelling-out until the period of 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 first and second real estate in this case, including development gains expected to accrue from the reconstruction of this case, is KRW 16,00,000, respectively.

F. The establishment registration of a neighboring mortgage of KRW 34.8 million with respect to the first real estate of this case was completed, and the second real estate of this case was completed with each of the maximum debt amount of KRW 46.8 million, KRW 18.2 million, and KRW 24.7 million with respect to the establishment registration of a mortgage of KRW 24.7 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, evidence Nos. 4-2, 3, 5-2, 3, 6, and 7, and the purport of the whole pleadings

2. Determination

A. The project implementer’s right to claim sale as stipulated in Article 39 of the Act on the Establishment and Improvement of Urban Areas and Dwelling Conditions for Sale upon the exercise of the right to claim sale is, in principle, against those who are not partners, and they did not apply for sale