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1. The defendant's petition for retrial is dismissed;
2. The costs of retrial shall be borne by the defendant.
Reasons
1. Basic facts
A. On June 13, 1970, the registration of preservation of ownership was completed in the name of Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, 3,69 square meters, and was divided into 617 square meters in E forest land, 1,440 square meters in F forest land, 789 square meters in I forest land, and 823 square meters in G forest land.
(hereinafter referred to as “E, etc.”). B.
On May 8, 1985, E, 617 square meters of forest land, and 1,440 square meters of forest land in the name of H, and 789 square meters of forest land in the name of the Plaintiff, and 823 square meters of forest land in the name of the Defendant, and 823 square meters of G forest land in the name of J (in subsequent order, transferred to L and M) respectively.
C. On August 6, 2012, an I forest land owned by the Defendant was divided into 789 square meters of I forest land and 746 square meters of C forest and 43 square meters, and was re-merged into 789 square meters of I forest and 789 square meters on September 13, 2012. Thereafter, due to cadastral adjustment on January 16, 2015, the area was changed to 887 square meters of I forest and 387 square meters of land (hereinafter “instant land”).
Of the Defendant’s land, the part (B) size of 20 square meters in the ship (hereinafter “instant marina site”) connected with each point of the attached Form 15, 17, 9, 10, 11, 14, and 15, among the parts of the Defendant’s land, is a marina house residing by the Plaintiff, and the part (c) 9 square meters in the ship (hereinafter “instant access road”) which connects each point of 7, 8, 9, 17, 18, 19, 19, and 7, such as the above part (b) size of 20 square meters in the above ship, are installed, and is used as a passage connected to the above Plaintiff’s housing and a passage connected to the 74 square meters in order. This case’s access road is used as a passage connected to the 74 square meters in the instant land.
[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's evidence 1 through 5, 7, 8, 11, 12, 14 through 16, and 18 (including branch numbers), the result of the on-site inspection by the court of the trial before the retrial, the purport of the whole pleadings
2. The judgment subject to a retrial and conviction of perjury are finalized, etc.