1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Chuncheon District Court with respect to C Forest land of 120,992 square meters in a three-dimensional manner with the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a co-owner with a share of 18300/3600 among C Forest land 120,992 square meters (hereinafter “instant forest”).

B. Meanwhile, on the other hand, on December 3, 1974, the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) was completed by the Defendant (Defendant, on July 30, 2009), who completed the completion of the last acquisition of superficies, Saecheon Industrial Co., Ltd. (C., Ltd., 29 March 29, 2002) on the following grounds: (a) on December 3, 2074, the Samcheon District Court Samcheon Branch Office received on December 20, 1974, as the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) from November 20 to 30, 1974; and (b) on January 30, 2012, the Defendant (Defendant, on January 30, 2012), who received the same registry office on January 30, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. Demand for principal lawsuit:

A. According to the facts acknowledged earlier, the superficies of this case was extinguished due to the expiration of its duration around November 20, 2004 when 30 years elapsed from November 20, 1974, which was its duration, around November 20, 2004. Thus, the defendant, who is the last transferee of the superficies of this case, is an act of preservation of jointly owned property and is obligated to cancel the registration of creation of superficies of this case to the plaintiff upon the plaintiff's request that the cancellation be sought.

B. (1) The Defendant asserted that, after the expiration of the duration of the superficies of this case, there was an agreement between the co-owners of the forest of this case including the Plaintiff and the co-owners of the forest of this case, the Defendant cannot respond to the Plaintiff’s claim.

According to each of the statements of 3 to 5, 12, and 13 (including paper numbers), the Defendant, who was a person with superficies at the time, agreed on June 22, 2005, to extend the duration of the superficies of this case between D and D, one of the co-owners of the forest land of this case, for the next five years, and on October 26, 2005.