1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from December 30, 2017 to the date of full payment.

1. Facts of recognition;

A. The Defendant owned 1/4 shares among the 1,068 square meters in Seocheon-si, Seocheon-si (hereinafter “instant land”) and 2 bonds without permission from the above land. However, the said land is within the execution zone of the D Housing Redevelopment Improvement Project (hereinafter “instant redevelopment Project”).

B. On June 11, 2008, the Plaintiff entered into a sales contract with the Defendant to purchase one bond of an unauthorized building located on the right side of the above unauthorized building (hereinafter “instant unauthorized building”) from the Defendant (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 3 million on the same day, and the remainder of KRW 47 million on June 24, 2008, respectively.

C. Article 28 of the Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was enacted with the delegation of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, excludes the owners of new unauthorized buildings, which had not existed at the time of January 24, 1989, from among the beneficiaries of housing to be supplied within the rearrangement zone by the project implementer of the residential environment improvement project. The Plaintiff was excluded from the beneficiaries of housing to be constructed under the instant redevelopment project on November 24, 2017, as the instant unauthorized building was confirmed as a new building after January 24, 1989.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, Gap evidence No. 4-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the instant sales contract, the Plaintiff’s assertion 1 Plaintiff agreed to refund the purchase price received from the Plaintiff when the Plaintiff was unable to acquire the right to move into the redevelopment house to be constructed by the implementation of the instant redevelopment project. Since the Plaintiff failed to acquire the right to move into the redevelopment house, the Plaintiff is obligated to pay the purchase price of KRW 50 million and delay damages to the Plaintiff.

provided, however, that the terms of the above arrangement are written.