1. The judgment of the first instance court, including a reduction and an additional counterclaim at the trial court, shall be modified as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 21, 2010, the Plaintiff operating a mine business: (a) entered into a lease agreement with the Defendant as to KRW 9,917 square meters (hereinafter “the first lease agreement”) among the 58,912 square meters of forest land in Gyeong-gun, Chungcheongnam-gun, the Defendant and the Defendant owned (hereinafter “forest land before division”); and (b) paid KRW 15,000,000 (hereinafter “the amount of KRW 5,000 per square day”) in return for collecting the above forest land in return for collecting the aged soil.

B. On August 13, 2010, the Plaintiff filed an application for permission to convert a mountainous district with respect to 9,860 square meters of the leased portion 9,917 square meters in the name of G (hereinafter “instant permitted area”) for the purpose of developing an elderly local mine, and obtained permission from the head of Sungju-Gun on September 6, 2010.

C. On August 13, 2010, the forest land before subdivision was divided into 8,918 square meters of the C Forest land in Seongbuk-gun, Seongbuk-do (hereinafter “divided C Forest”), 36,851 square meters of D forest land (hereinafter “1 forest land”), E forest land 13,143 square meters, and the registration of subdivision was completed on September 17, 2010.

On the other hand, the instant permission area became 6,944 square meters among divided C forest land and 2,916 square meters among divided forest land. D.

1) The Plaintiff was engaged in collecting old soil in the instant permission area, and 3,782 square meters in the portion not permitted among the Class 1 forest land, and 45,842 square meters in H forest owned by the Defendant adjacent to the divided C forest land (hereinafter “second forest”).

(2) Around June 2011, the Defendant filed a charge of illegal diversion against F, a lessee under the lease agreement, and sent the same accusation to F on the 17th day of the same month, and around that time, the Plaintiff became aware of the facts of accusation by the Defendant.

E. On July 13, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase the forest land 1 from the Defendant at KRW 167,200,000, and on the same day, the contract deposit is ten thousand.