1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Common factual relations;

A. Each of the lands listed in the list of real estate (hereinafter collectively referred to as “each of the instant lands”) attached to attached Forms 1, 2, and 3 (hereinafter collectively referred to as “each of the instant lands”), and each of the lands listed in the list of real estate (c), (d), and (f) above (hereinafter referred to as “instant building”) was owned by E, the father of the Plaintiffs.

B. From around 1975, E: (a) between F, the Defendant’s father, and F, while residing in the instant building, F, while developing and operating each of the instant land as an orchard by planting fruit trees; (b) on the other hand, E bears the expenses for the development of the instant orchard; and (c) entered into a contract with F to pay the benefits in return; and (d) around that time, F began to develop an orchard, such as clearing each of the instant land and planting bamboo and bamboo trees.

Around 1979, the Defendant entered into a contract with E with the foregoing contents, and started the construction work of orchard together with F.

(hereinafter referred to as “instant contract”) E, F, and the Defendant’s contract.

F and the Defendant: (a) developed each of the instant land by means of the development cost of land and the purchase cost of seedlings from E; and (b) completed the creation of a orchard comprised of saf trees and fruit trees around 1980; and (c) began to harvest fruit trees from 1981.

However, since around 1981, E did not pay F or the Defendant the expenses or benefits necessary for the operation of the said orchard, and F and the Defendant did not give E the profits, etc. accruing from the operation of the said orchard.

After that, E returned to the Republic of Korea after completing overseas service but did not participate in the operation of the above orchard, except that E returned to the Republic of Korea more than twice a year, and F and the Defendant are also the same as before and without interference of E.