1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. When the surrounding landscape trees were damaged due to the forest fire that occurred on April 4, 2005, the Defendant planned to extract and transplant the pine trees within B and its surrounding area from the end of 2005 (hereinafter “instant project”) from the end of the 2005, and planned to extract and transplant 300 pine trees (14-42 cm in diameter) within the 3th area during the maintenance of Gangwon-gun C military, Gangwon-gun (hereinafter “project site”).

B. Accordingly, on April 23, 2008, the Defendant selected D companies as joint business operators with postal administration construction landscaping companies (hereinafter referred to as “friendly construction landscaping companies”) through open tendering, and entered into a contract for construction works with the said joint business operators as the contract amount of KRW 1,554,525,000 (hereinafter “instant contract for construction works”).

C. On October 16, 2008, E, a regional green belt assistant assistant of the Yangyang-gun Office, who was a public official in charge of the above project, visited the project site and ordered F, the site manager of the D company, to extract 300 pine trees, and ordered F, who is the site manager of the D company, to remove 300 pine trees subject to extraction, and F indicated 300 pine trees with a large range of 28 cm or more in diameter that will be subject to extraction, as a gara blue tape.

F began to excavate pine trees on October 17, 2008, the following day, and extracted pine trees that were scattered in various places within the business site using equipment, such as pokera, etc.

As such, the remaining trees around the relevant pine trees were damaged, and the work on the same day reported to the purport that “the remaining trees will be better to be extracted together with the surrounding trees under the on-site conditions” to the Plaintiff.

After all, F, according to the direction of the plaintiff, while proceeding from the lower part of the project site to the upper part, extracted all pine trees with a diameter of 15cc or more as well as pine trees originally marked to be extracted, and cut down in diameter of 15cc or less.

E. E is a business trip from the business site, etc.