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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The instant orchard owned by the Plaintiff (hereinafter “instant orchard”) is located in the orchard and landfill site owned by the Plaintiff (hereinafter “the instant orchard”).
A) The instant orchard consists of 1,289 square meters and 10 square meters, both of which are located at the permanent address. The overall form is identical to the inner part of the part which was opened with yellow lines in the attached cadastral map. If the location of the instant orchard is a satellite photograph, the attached reclamation site and the instant orchard location map (hereinafter “attached location map”) shall be referred to as “the attached sheet and the instant orchard location map.”
A) Based on the border line (attached Form 2, the part expressed in the middle of white and the continuous line of black color) of the border line (attached Form 2, the part marked in the color line as “the area damaged by the orchard” is part of the instant orchard, and the entire orchard is larger than that as seen in the cadastral map as seen in the attached Form). Meanwhile, the instant orchard generally has tendency to increase slope as it is far from the border line, and the instant orchard has a strong slope. Accordingly, the part marked in the color line as “the area damaged by the orchard” in the attached Form 2 can be deemed as a sloping area compared to the surrounding area. 2) The location map of the location map is located in C (hereinafter “the instant reclamation site”) in the left side of the border line, and is indicated as “the area indicated as “the area as soon as possible” in the attached Form.
B. From July 28, 2005 to June 28, 2006, the Defendant, who installed the Defendant’s concrete convergence walls, carried out the instant reclamation site stabilization project for about 11 months. This was to ensure that the water water generated from the reclamation site is not leaked out by installing concrete convergence walls on the upper part of the parking lot and the upper part of the parking lot.
C. Saccine trees in the part adjacent to the border line steel (in the attached Form location map, the part indicated by the red color line as “baccine damage area”) among the instant orchard around June 2012.