The defendant's appeal is dismissed.

1. As long as the Defendant’s lien was established with respect to the farmland where the instant container was located and the possession of the victim was excluded, the instant container located in the farmland of this case was excluded from the possession of the victim.

Therefore, even if the defendant loaded the container in front of the instant container, it cannot be deemed that the victim interfered with the victim's access to the container.

In addition, since the defendant exercised commercial lien on the container of this case, the defendant's act is justified and thus the illegality is excluded.

2. Determination

A. Even if the Defendant’s lien on the farmland in this case was established because the farmland in this case and the container in this case constitute a separate object, it is difficult to view that the Defendant has the right to continuously refuse to deliver the farmland, and that the Defendant has the right to prohibit the victim’s access to the container.

In addition, the Defendant merely performed the banking work on the instant land, and thus, it cannot be deemed that the claim for the construction cost on the instant land was a claim arising from container.

Therefore, the defendant's assertion on the premise that civil lien is established is without merit.

(b) In addition, under the provisions of Article 58 of the Commercial Act, a merchant lien may be exercised in cases where a merchant who is a creditor occupies an article owned by the debtor through a commercial activity between merchants.

Therefore, the secured claim should have arisen from a commercial activity between merchants. This means a claim arising from an act that is engaged in a commercial activity between creditors and debtors, and in the case of a claim that is not arising from a unilateral commercial activity or a commercial activity, commercial lien is not established. In this case, the price for construction arising from the banking activity of the land of this case only by the evidence submitted by the defendant in this case.