1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is demoted to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As to the forest land as stated in the Disposition No. 2 (hereinafter “instant forest”), D completed the registration of ownership recovery around 1965, E and F around 1968, and G wife H around 1974, respectively.

B. After November 10, 1975, I, J, K, and L completed the registration of ownership transfer for shares of 1/4 out of the forest of this case on the grounds of sale and purchase on March 5, 1975, and there was a decision to commence compulsory sale on July 22, 2008 (1/4). During the auction procedure, M purchased the above shares by the Plaintiff’s son on May 12, 2009, and completed the registration of ownership transfer for the reasons of sale by compulsory auction on April 28, 2009.

C. On June 27, 2014, the Defendant completed the registration of ownership transfer on the ground of the termination of title trust on February 17, 2014 with respect to each of 1/4 shares of I, J, and L.

On the other hand, the Plaintiff completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) with the period of 570 years, which was received on February 3, 1976 by Hongcheon District Court Hongcheon District Court (hereinafter “Skcheon District Court”) as of the forest of this case, from October 10, 1975.

[Ground for Recognition: Facts without dispute, Gap evidence 1-2, Eul evidence 1-1, and the purport of the whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion (1) Redcheon-gun C Forest was originally owned by the Plaintiff, and the said forest was later divided into the instant forest and the O forest.

(2) N left the instant forest land as the Plaintiff’s share so that the Plaintiff could live as a result of the Plaintiff’s birth and the Plaintiff’s father, as N did not return to the Republic of Korea even after being the Plaintiff’s father.

(3) However, G, in collusion with the Plaintiff’s relatives and the Defendant’s clan E, shall register the forest land of this case in D’s name at around 1965, and thereafter completed the registration of ownership transfer under the name of Defendant clan E and F.

(4) The transfer registration of ownership in G’s wife H was completed.