청구권귀속확인
1. The defendant's appeal is all 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 concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following, and thus, it is accepted by the main sentence of Article 420
(In full view of all the allegations and evidence presented by the Defendant in the appellate trial, the first instance judgment accepting the Plaintiffs’ claim is reasonable). The 7th 16th 7th 16th son of the first instance judgment “Recognizing the fact that the Defendant’s secured claim of this case is included in KRW 200 million or includes the construction cost incurred by the Defendant,” the evidence submitted alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it (the Defendant voluntarily stated that this part was not recognized as the secured claim of the right of retention, and that there was no additional burden).”
Then, 8th 17th 17th son of the judgment of the first instance, “the Defendant has a lien on each of the instant buildings based on a secured claim separate from the other secured claim recognized in the civil judgment related to the cost that he lawfully exercised the right of retention, so the Plaintiff’s lawsuit of this case also asserts that there is no benefit in confirmation. However, even if the Defendant spent the costs as alleged in the claim regarding each of the instant buildings and is in the position of the lien holder, such fact alone cannot be deemed as having no benefit in confirmation, on the ground that the lawsuit of this case seeking confirmation that the claim of KRW 377 million, which was recognized in the relevant civil judgment, is against the Plaintiffs.”
2. The judgment of the court of first instance is justifiable, and all of the defendant's appeals are dismissed. It is so decided as per Disposition.