1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. The reasons for the court's explanation concerning this case are as follows: (a) the evidence additionally submitted in the court of first instance, which is insufficient to acknowledge the defendant's assertion, is rejected; and (b) the fact inquiry results about the original district court's branch court's branch court's branch court's branch office, and the fact inquiry results about the execution office's branch court's branch court's branch court's branch court's branch court's branch court's branch office and the result of the video verification are as stated in the reasoning of the judgment of the court of first instance; and (c) thus, it

2. Additional matters to be determined

A. Relevant legal principles and essential facts mean that an article is objectively related to the possession of the article, which is deemed to belong to its de facto control under the social norms, and to have de facto control, the object shall not necessarily mean that it is physically and practically controlled, but shall be judged in conformity with the concept of society by taking into account the time, space and principal relation with the article, possibility of exclusion from control of others, etc.

(2) In a case where a debtor acquires a lien by transferring his possession to the creditor of the construction cost related to the real estate after a decision on commencing the auction has been made on August 23, 1996 (see, e.g., Supreme Court Decision 95Da8713, Aug. 23, 1996). In addition, in a case where the debtor acquired a lien by transferring his possession to the creditor of the construction cost related to the real estate after the seizure became effective, the transfer of such possession constitutes an act of disposal likely to reduce exchange values of the object, and thus

(see, e.g., Supreme Court Decision 2008Da70763, Jan. 15, 2009). Therefore, the defendant who asserts a right of retention on the real estate of this case (which consists of the building of a factory building and land of each factory building and land of this case) shall not be held to have registered the commencement of auction as well as the existence of the secured claim.