1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s primary and primary claims are all dismissed.

3.

1. Basic facts

A. On September 30, 2003, the Plaintiff’s tree planting (i) 2,777m2 (hereinafter “land before subdivision”) registered the ownership transfer of one-seven share in the name of D, E, F, G, H, I, and J (hereinafter “Co-owners of this case”).

Before springing in 2004, the Plaintiff planted trees on the land before subdivision with the consent of the JJ test, one of the co-owners of the instant case, and cultivated and managed the trees for about 10 years thereafter.

B. On August 4, 2011, the Defendant entered into a sales contract to purchase 4/7 shares of the instant co-owners in KRW 192 million among the land before subdivision from D, E, F, and G. Around August 5, 2011, the Defendant concluded a sales contract to purchase KRW 2/7 shares in the land before subdivision from H and I, and to purchase KRW 96 million in the purchase price.

On August 8, 2011, the Defendant completed the registration of ownership transfer for 6/7 shares of land before subdivision pursuant to each of the above sales contracts.

Luxembourg filed a partition of co-owned property lawsuit against J, which had a 1/7 share holder of the land prior to the subdivision, under the Incheon District Court Decision 2012Da208410, and the land prior to subdivision was divided into C forest land 2,380 square meters (hereinafter “instant land”) and K forest land 397 square meters around August 1, 2013 according to the decision of recommending reconciliation as of July 11, 2013.

After the partition of co-owned property, the Defendant obtained the registration of transfer based on the partition of co-owned property on July 11, 2013 as to the share of J on the instant land on August 29, 2013, and independently owned the instant land.

C. (1) On August 2, 2011, around August 2, 2011, at the time of the purchase of part of the land before subdivision, the Defendant did not charge the remainder of the co-owners of the land before subdivision except J (hereinafter “Bs co-owners”) for the land usage fee.