1. The judgment of the court of first instance is modified as follows.

The attached drawing 1.2 is marked on the ground of 54303m2, 1.00 m2, 1.00 m2.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In order to install the instant structure on or around December 3, 1998, the Plaintiff, D, and E obtained the purpose of using and occupying the site of fishery harbor in the instant land for the purpose of using and occupying the site of 404 square meters in the instant land as the “comprehensive fishery product treatment site”, and obtained the permit to use and occupy fishery harbor facilities for one year during the period of use and occupation (hereinafter “instant permit to occupy and use”) by setting the period of use and occupation as one year.

B. Around May 199, the construction report was made on the structure to the head of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the name of the Plaintiff, D, and E, with “the steel pipe plastic house” and the purpose of its use as “fishery products comprehensive treatment plant.” Since June 1996, E lent only the name to obtain permission for the use or occupation and use of the instant structure, and the Plaintiff waived the business of the instant fishery products comprehensive treatment plant at the time of the construction of the instant structure, and the Defendant and D bear 1/2 the expenses actually incurred in the construction of the instant structure.

(A) As of May 14, 1999 to April 15, 200, the Defendant borne KRW 2,085,00,00, which is a half of the installation costs of the instant structure. Accordingly, the instant structure owned KRW 1/2 shares, and the Defendant owned the remainder of KRW 1/2 shares, and the Plaintiff acquired KRW 1/2 shares of the instant structure from D around November 1999, and received KRW 1/2 shares of the instant structure from around September 2001, and received KRW 1/2 shares as of the date of closing argument, and the remainder of KRW 1/2 shares are owned by the Plaintiff, and the Defendant respectively.

C. Meanwhile, as D submitted a waiver of the permit to occupy and use in the instant case on November 13, 199, the permit for extension was granted on a yearly basis with regard to the permit to occupy and use in the name of the Plaintiff and E, and since September 27, 2010, the permit for extension of the permit to use and use in the instant case was granted under the Plaintiff’s sole name.

1. The defendant is established at the time of the first installation of the structure of this case.