The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant leased Dials to M for management and operation of MA’s pension.

The defendant was only the actual owner of the above pention and did not participate in the pention operation at all, and did not allow the members of the Water Leisure Association and the customers using the pention to use water leisure facilities.

B. In light of the legislative intent of the Water-Related Leisure Activities Safety Act guaranteeing water-related leisure activities, the operation of production facilities for agricultural production under the Rearrangement of Agricultural and Fishing Villages Act cannot be deemed as illegally occupied or used.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the defendant leased Dial and restaurant to M around November 14, 201; (ii) the defendant appears to have actually been in charge of water-related leisure facilities while living in Dialine (the trial record 73,74 pages; 77 pages); and (ii) M's wife G asked the defendant's wife whether "where Dial customers want to use water-related leisure facilities, they would be available to S or club members; and (iii) if so permitted, H, a member of the water-related leisure club, provided that "the defendant and club members would pass through the above reservoir; and (iv) the defendant would use the water-related leisure facilities with the defendant's wife's wife's entrance in the water-related leisure activities at the court below (the trial record)."