1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is the owner of the Plaintiff’s land D, E, F, or H5 (hereinafter “instant land”).

B. around February 198, Defendant B leased the instant land from the Plaintiff and cultivated crops, such as rice and bean, until February 2014, and J around April 2014, leased the instant land from the Plaintiff and cultivated the large wave.

C. Defendant C is a livestock farmer who runs fish farming in Gyeonggi-gun I.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 12 evidence (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion Defendants committed a tort that pollutes soil by dumping livestock excreta not liquefied into the instant land owned by the Plaintiff.

As a result of such tort committed by the Defendants, the new lessee of the instant land was fully dead by the J, and the Plaintiff, as a lessor of the instant land, was liable to compensate for damages equivalent to KRW 30 million due to the defect of the instant land.

In addition, since the land in this case is inevitable to fill up soil pollution due to serious soil pollution, the Defendants should pay the Plaintiff KRW 100 million, which is part of the construction cost.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 130 million and damages for delay.

In addition, Defendant B, as a land lessee, committed an act of worship against the Plaintiff, a lessor, in violation of the good manager’s care, and thus, Defendant B should pay consolation money of KRW 30 million to the Plaintiff.

B. The fact that Defendant C sprayed livestock excreta on the instant land upon Defendant B’s request for determination is not a dispute between the parties.

However, the following circumstances, i.e., Defendant C, which are acknowledged as comprehensively taking account of the overall purport of the pleadings, as stated in the evidence Nos. 1, 2, 3, and 8, and part of the testimony by the J of the first instance trial witness.