1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

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

1. Basic facts

A. On November 2005, the Plaintiff conducted a bid with respect to the dredging project located at B (hereinafter “instant dredging project”) at Asan-si, Asan-si, and entered into a dredging contract with the Yellow River Industry Co., Ltd. (hereinafter “Yul River Industry”), a successful bidder, with the term of the contract from December 28, 2005 to December 31, 2009 (hereinafter “instant original contract”).

Article 26(4) of the General Conditions of the instant prime contract provides that “The aggregate accumulated in the storage place until the expiration of the contract term shall belong to the Plaintiff.”

B. On March 1, 2007 and September 26, 2009, the Yellow River Industry entered into a service contract on the production and release of sand with the Defendant (hereinafter collectively referred to as the “instant service contract”) with respect to the dredging project in order to execute the instant prime contract.

C. The Defendant, while dredging C in accordance with the instant service agreement, has accumulated sand produced therefrom in Asan City D in accordance with the instant service agreement and is forming a sand further (hereinafter “the instant sand” or “the instant sand so”) as described in paragraph (1) of the attached Table at present.

In order to take out sand extracted from C, the Defendant has opened and used a transportation route in attached Table 2 from C to the sand of this case (hereinafter referred to as “instant transportation route”) in order to enable truck traffic.

E. The Defendant filed a lawsuit against the Yellow Industries seeking payment for the unpaid service charges under the instant service contract. The appellate court (Seoul High Court 201Na5359) rendered a ruling on October 11, 2012 to recommend reconciliation with the purport that “The Yellow Industries shall pay 180 million won to the Defendant up to December 31, 2012, and the Defendant waives the remainder of the claim against the Yellow River Industry,” and the said ruling became final and conclusive around that time.

However, the Yellow steel industry is virtually insolvent, and the defendant is in fact insolvent.