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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff B.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Determination as to the claim on the principal lawsuit
A. The summary of the plaintiff's assertion 1) The defendants agreed to establish a clan cemetery composed of the plaintiff's priority-friendly E in the forest of this case, and agreed to several times to transfer the ownership of the forest of this case to the plaintiff, each of the children of the plaintiff and the network H and the defendant B's joint names. From 1990 to 2009, the plaintiff believed that the plaintiff was aware of it, from 1990 to 2009, set up a retaining wall, a stone embankment, a public works project for installing a "stopstone", a "stopstone," a "stopstone," a "stopstone," and a landscaping project for planting "stop".
However, since the end of 2011, the Defendants clearly expressed that they did not intend to provide the forest of this case as a clan cemetery while refusing to implement the above arrangement. As such, the Defendants are obliged to pay KRW 100,723,825 equivalent to the appropriate expenses necessary for creating the cemetery in the same state as the Plaintiff’s civil engineering works, etc. due to the nonperformance of the above arrangement.
B) In addition, Defendant B, the owner of the said forest, has the duty to compensate the Plaintiff for the said KRW 100,723,825, etc. with unjust enrichment pursuant to Article 261 of the Civil Act, since the Plaintiff, in order to create the instant cemetery in the instant forest and forest owned by Defendant B, the Plaintiff, as well as the Plaintiff, to install a clan in the instant forest and forest, owned by Defendant B, the ownership of the instant forest and land in question between the Plaintiff and the Plaintiff, as well as each of the children of the Plaintiff and the deceased H.