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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning for this part of the judgment on the cause of the claim is as follows: (a) the reasoning for the judgment of the court of first instance is that the judgment on the cause of the claim under Paragraph (1) is identical to that of the judgment of the court of first instance, except where the defendant is deemed to be "the defendant", and the "the defendant" under Paragraph (1) is deemed to be "the defendant", and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the defendants' right of retention defense
A. The Defendants asserted that the Defendants: (a) concluded a civil construction contract with the J (hereinafter “J”) on August 28, 2014 and October 20, 2014 with respect to each of the instant real estate owned by the owners of each of the instant real estate; (b) completed the contract; (c) however, the Defendants received only KRW 350 million out of the said construction price and did not receive the remainder of KRW 420 million; and (d) as the secured claim, the Defendants were unable to comply with the Plaintiff’s request for the extradition of real estate from around 2015 to the present time while possessing each of the instant real estate. As such, the Defendants were unable to comply with the Plaintiff’s request for the extradition of real estate.
B. In full view of the purport of evidence B-3-10, evidence B-5-1 and evidence B-3-1 and evidence B-5-3, and the purport of partial testimony and pleadings of witness K of this court, it can be recognized that Defendant C entered into a civil construction contract with J around August 28, 2014 and around October 20, 2014 with respect to some of the instant real estate in the name of Defendant B with the owner of the lien pursuant to Article 91(5) of the Civil Execution Act. However, in principle, the purchaser in the real estate auction procedure is liable for the repayment of the claim secured by the lien to the owner of the lien pursuant to Article 91(5) of the Civil Execution Act, but the obligor acquired the lien by transferring the construction cost to the creditor of the said real estate after the attachment became effective.