1. The defendant received KRW 72,600,000 from the plaintiff at the same time as the plaintiff receives KRW 72,60,000,

(a) real estate listed in the separate sheet;

Facts of recognition

On May 30, 2005, the Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant is a person who becomes a partner by owning and occupying real estate in the attached list located in the Plaintiff’s project implementation district (hereinafter “instant real estate”).

The Plaintiff, such as authorization to implement the project for the Plaintiff, was granted authorization from the head of Bupyeong-gu Incheon Metropolitan City, the authorization to implement the project with the enforcement area of 16,100.74 square meters for seven parcels outside Bupyeong-gu Incheon Metropolitan City on January 6, 2006, and the authorization to revise the project on April 9, 2012.

On May 31, 2012, the Plaintiff publicly announced the application for parcelling-out for its members, who received an application for re-sale as determined by June 29, 2012 for the members of the association, extended the expiration date of the application to July 19, 2012, but the Defendant did not apply for parcelling-out during the above period.

The Plaintiff exercised the right to demand sale to the Defendant by serving a copy of the instant complaint, which reaches the Defendant on May 16, 2016.

【The ground for recognition】 The project implementer may file a claim for sale with respect to the land or building of any of the following persons by applying mutatis mutandis the provisions of Article 48 of the Act on Ownership and Management of Condominium Buildings to implement the housing reconstruction project or the housing reconstruction project, when the project implementer implements the housing reconstruction project or the housing reconstruction project under Article 39 of the Urban Improvement Act (Amended by Act No. 11293, Feb. 1, 2012);

In such cases, a rebuilding resolution shall be deemed to have consented to the establishment of an association (in the case of subparagraph 3, referring to the consent to the designation of a project implementer), and sectional ownership and right to use site shall be deemed the ownership of the land or building subject to the claim for sale