1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, a legal entity that runs the golf and cooking business, was running the Driart Development Project in Seopo City C in Seopo-si.

B. On July 28, 2014, the Plaintiff was demanded by Jeju Special Self-Governing Province to plant trees for shielding trees so that they do not appear on the road as a result of deliberation by the landscape committee on the instant resort development project.

C. The Plaintiff planted a total of 67glus (hereinafter referred to as the “instant trilus”) from the Seopo-si E road (hereinafter referred to as the “instant road”) that is owned by the Republic of Korea in the vicinity of the instant trilus development project site, for the purpose of shielding it. D.

The Defendant is the owner of the F, G, H, and I adjacent to the instant road. Around October 2014, the Plaintiff raised an objection against the Plaintiff on the ground that the landscape of the instant tree planted by the Plaintiff was likely to decline due to the decline in the market price, and filed a civil petition with the Jeju Special Self-Governing Province.

E. On October 28, 2014, the Defendant, who did not resolve the above problem with the Plaintiff, voluntarily instructed the J, a sanctionr, to cut down the instant three trees.

On May 15, 2015, the Defendant was indicted as such theft and was sentenced to a fine of KRW 4 million by the Jeju District Court. Although appealed, the appeal was dismissed, and the judgment became final and conclusive on September 11, 2015.

(Case No. 2015No. 20, No. 2015No266). [Grounds for Recognition] The fact that there is no dispute, Gap evidence No. 1 through 5, Eul evidence No. 1 and No. 2 (including each number), the purport of the whole pleadings and arguments.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant’s act of theft inflicted damages on the Plaintiff by purchasing and planting the trees again. However, the Defendant claimed for the payment of KRW 35,280,00 in total and the cost of transplantation of the 37 gr3 trees of this case, which the Defendant was punished, and damages for delay.

B. The defendant's assertion is without title to the Republic of Korea.