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. This part of the judgment of this court is the same as the "1. Basic Facts" of the judgment of the court of first instance (from 2 pages to 7 to 3, 6). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiffs 1) The Defendant does not currently occupy the instant land and the road, and even if the Defendant occupies the instant land, such possession is illegal possession. (2) The Defendant does not have a claim for the payment of the construction cost regarding the instant land, and as there is no relation between the Defendant’s claim and the instant land, a considerable portion of the claim for construction cost is not subject to the exercise of the right of retention.

B. Defendant 1 had lawfully occupied the land of this case. However, the Plaintiffs were forced to temporarily leave the entrance of the land of this case, and the Defendant acquired possession of the land of this case by installing a container on the land of this case and installing a banner called “in the course of exercising the right of retention” on the container. 2) The Defendant was supplied with civil engineering works on the land of this case by I, etc., and did not complete the construction work, and the said construction work was not completed.

3. Determination

A. In a passive confirmation lawsuit, where the Plaintiff first specified the right or legal relation (claim) which is a subject matter of lawsuit and denies the fact of the cause of the right, etc., it constitutes not an assertion of the cause of the claim, but an assertion of the defendant's defense, and thus, the defendant must assert and prove the fact of

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B.

Whether the Defendant had lawfully occupied the instant land at present, whether the Defendant had lawfully occupied the instant land, but was forced to leave the land from the Plaintiffs.