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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the Defendant acquired the prescription of the part used by the Defendant as the site for a swimming pool (hereinafter “instant land”) from among the State-owned property indicated in the lower judgment, and the lower court erred by misapprehending the legal doctrine on the fact that the Defendant did not have any intention to violate the State-owned Property Act even if otherwise,
In addition, the sentence imposed by the court below is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s determination on the assertion of mistake of facts and misapprehension of legal principles are as follows: (a) the Defendant purchased the land adjacent to the instant land on September 7, 2009, and changed the land category of the instant land from the former site to November 8, 2012; (b) requested a construction office to conduct a lodging business by building a fence; and (c) installed a swimming pool within a fence in around 2013; (d) the instant land was registered as owned by the State from around 1991; and (e) there was only a difference between the land owned by the Defendant and another private land owned by the Defendant; and (e) the Defendant filed a lawsuit seeking implementation of procedures for registration of transfer of ownership on the ground of prescriptive acquisition on the instant land; (e) the Defendant did not have any intention to acquire the instant land or against the Defendant, which was a State-owned land owner, by taking account of the following facts: (e) the Defendant did not have any possession of the instant land prior to the completion of prescription; or the process of the acquisition of the instant land by the Defendant.
It does not seem that it does not appear.
This part of the defendant's assertion is not accepted.
B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.
When examining the conditions of sentencing and the reasons for sentencing indicated in the records and changes of the instant case, all the circumstances alleged by the Defendant on the grounds of appeal.