A. The Plaintiff is the owner of 661 square meters of forests and fields C in the Gyeonggi-do (hereinafter “instant land”).

The Defendant is the owner of a D farm site 2,297 square meters and a single-story fraternity on the ground adjacent to the instant land, and is operating a meral farm at this place (hereinafter “instant farm”).

B. On February 28, 2011, the instant farm was included in an area polluted by a highly pathogenic avian influenza and was issued an order for slaughter and incineration of 147,640 water, Mestalian 830,000 feed and 10,200 kilograms of feed, which were raised on February 28, 2011.

C. In the process of burying the destroyed mergs, etc. as above, the Defendant buried the mergs, etc. on the instant land beyond the boundary of the instant farm without the Plaintiff’s consent, and used them as cement packaging and road.

After that, around March, 2014, the Defendant discovered and removed the merat and meratal eggs, which were buried in the instant land, and still contaminated with the merat and the wastewater generated from the corruption of the merat and meratal eggs.

E. To restore the land of this case to its original state, the above land excavated and treat it to a reclamation site equipped with safety facilities, and restore it to its original state to clean soil. Such restoration expenses are expected to require 27,500,000 won.

[Reasons for Recognition] Uncontentious Facts, Gap's statements in Gap's Evidence 1, 2, 5, 14, Eul's Evidence 1, 2, and 2, the appraisal result by appraiser E, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) According to the above facts, burial of the merat, etc. in the instant land without the consent of the plaintiff constitutes a tort against the plaintiff, and therefore, the defendant shall compensate the plaintiff for the damages suffered by the plaintiff.

Dor, there are special circumstances.