1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 22, 2013, the Plaintiff owned 244 pine trees planted in the dry field of pine trees located in Jung-Eup, Jung-gu, and one pine tree. A fire in the dry field of pine trees (hereinafter “instant fire”) occurred around 14:45 on September 22, 2013.

B. At the time of the on-site inspection by this Court conducted on June 12, 2014, 14:30, the tree 241 out of the trees planted in the relevant pine field was dead, and the remaining three weeks of pine trees and one sexual harassment tree were only living or being dead due to the instant fire.

C. On June 27, 2014, the appraiser affiliated with this Court reported the amount of damage to trees that was dead by the instant fire to KRW 73,510,000.

At around 07:00 on September 22, 2013, the Defendant: (a) laid down household garbage from the right side of the relevant tree field immediately adjacent to the Defendant; (b) laid down the instant fire due to the negligence of leaving the site, and setting fire by setting fire to 250 pine trees owned by the Plaintiff.

‘The summary order' was filed for criminal facts.

The Defendant filed an application for formal trial with respect to the above summary order as the court 2014 Go-Ma134, and was sentenced to acquittal by this court on September 2, 2014. The Prosecutor appealed with the Jeonju District Court 2014No1022, but the Jeonju District Court sentenced the dismissal of appeal on November 21, 2014, and each of the above judgments became final and conclusive on November 27, 2014.

[Ground of recognition] A without dispute; images of Gap evidence 1-1-4; Gap evidence 3-9; Gap evidence 1-3; Eul evidence 1-3; the result of the on-site inspection by this court; the result of appraiser D's market price appraisal; the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is to acknowledge the fact that the Defendant incinerated waste from the cryp of pine trees around 07:00 on the date of the instant fire, and in light of the result of identification in criminal proceedings, etc., as a result of the Defendant’s failure to perform its duty of care necessary to remove residues after incineration, the instant fire occurred, and the pine trees owned by the Plaintiff.