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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as follows, except for the Defendant’s assertion added to this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance citing this case pursuant to the main sentence of Article 420 of the Civil
2. Additional determination
A. As a result of legal conflict between the Defendant’s assertion B and E, the construction of an officetel on the instant land was left unattended for a long time, risk of ground collapse, human life fall, etc., and the Defendant entered into a contract with B on February 2, 2018 and carried out construction works on the ground and the third underground floor civil engineering in order to prevent the safety accident of the instant land. As such, since the claim for construction cost arising therefrom is related to the instant land, the Defendant may exercise a lien on the instant land with the claim for construction cost as the secured claim.
B. Determination 1) If a contractor who built a new building occupies the building and claims for construction proceeds arising from the building, the contractor has the right to retain the building until he/she is paid the said claims. However, according to the evidence mentioned earlier and the fact-finding inquiry conducted at the time of this court, the instant land is left unattended and the retaining wall and the instant land are left unattended because, in cases where construction works were suspended on the land under the condition that the contractor installed any fixtures that cannot be viewed as independent building under the generally accepted social norms, the said fixtures are merely identical to the land and cannot be exercised a lien on such fixtures, and the construction proceeds accrued until the discontinuance of construction works does not accrue to the land (see, e.g., Supreme Court Order 2007Ma98, May 30, 2008; Supreme Court Order 2013Da2474, May 9, 2013).