1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a corporation established for the production of agricultural products.

나. 피고는 1982. 4.경부터 충북 C 전 1,106㎡(이하 ‘이 사건 토지’라 한다)에 위치한 소나무 1그루(길이 7m, 나무둘레 2.1m, 수관직경 15m, 이하 ‘이 사건 소나무’라 한다)를 노송으로 관리하다가, 1982. 11. 11. 구 산림법(1986. 12. 20. 법률 제3854호로 개정되기 전의 것, 2005. 8. 4. 법률 제7678호로 폐지됨)에 의하여 이 사건 소나무를 보호수로 지정하였고, 지정관리대장 상 이 사건 소나무의 ‘수령(樹齡)’은 ‘300년’, ‘구분’은 ‘기형목’, ‘연혁 및 전설’은 ‘대보름에 정성을 들이면 아들을 얻는다 함’으로 기재되어 있다.

C. From August 2008 to November 1, 2008, the Defendant performed the surgery on the damaged part of the instant pine trees, installed two support units, and around December of the same year, installed a sign board indicating that the instant pine trees are protected trees, and performed the surgery on the instant pine trees once again from October 201 to November 201.

Meanwhile, the Plaintiff’s in-house director E’s purchase of the instant land on May 25, 2016, and the Plaintiff obtained consent to the use of land on February 1, 2018 from F, the owner of the instant land, to construct a mushroom cultivation facility on the instant land.

E. On February 7, 2018, the Plaintiff filed a building report with the Defendant to the effect that three animal and plant-related facilities (a mushroom cultivation company, warehouse) were newly built on the instant land (a building area of 422.4 square meters; hereinafter “instant facilities”) (hereinafter “instant building report”), and the Defendant received the instant building report on February 21, 2018 (hereinafter “the instant building report”).

(f) The Plaintiff intended to install the instant facility in accordance with the instant building report, but the instant pine trees located in the instant land are located.