유치권부존재확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance for the acceptance of the defendant's assertion is that the witness of the court of first instance who is insufficient to recognize the defendant's assertion is dismissed. The witness's testimony is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since "the part or "other than the part used as follows," as stated in the first instance court's statement from 5th to 7th of the judgment of the court of first instance.
2. As to the existence of the Defendant’s right to demand reimbursement of KRW 29,00,00,00 for the necessary or beneficial expenses incurred from construction, such as the Defendant’s interior, etc., and as seen earlier, insofar as the Defendant’s claim for the electrical construction proceeds of the instant building does not exist, the Defendant is not a lien holder who has a claim for the instant building, and the Defendant’s claim premised on the Defendant’s payment of the necessary or beneficial expenses as the lien holder is without merit without further determination.
3. If so, the part of the claim for confirmation of existence of the right of retention in the lawsuit of this case is unlawful and dismissed. The remaining claims of the plaintiff shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit. The judgment of the court of first instance is justified as it is with this conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.