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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion as to the cause of the claim of this case is shown in the annexed sheet.
2. Where a contractor who built a new building without any judgment 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 his/her claims. However, where the contractor who was awarded a contract for the new construction of the building installed a structure that cannot be viewed as an independent building under the generally accepted social norms and installed the structure on the land, the said structure is merely an accessory to the land and thus is not able to exercise the right of retention for such fixtures. In addition, since the construction proceeds claim arising from the construction proceeds until the discontinuance of construction works does not accrue, the contractor cannot exercise the right of retention
(See Supreme Court Order 2007Ma98 Decided May 30, 2008). In this case, the images of the steel structure constructed by the Plaintiff as independent building are subject to lien, and the health room, Gap evidence 3-1, 2, and 3 cannot be deemed as having the structure built by the Plaintiff as an independent building, and there is no other evidence to acknowledge this differently, the Plaintiff’s right of retention assertion is without merit.
As to this, the plaintiff asserts that the steel structure of this case has a basic form of building in the case of the steel structure, and that it is an object of lien because it is an object of a condition that can be distinguished from the land. However, according to each image of the evidence No. 3-1, No. 2, 3, and No. 3-1 and No. 2-2 of the evidence No. 3-2, it is obvious that the steel structure of this case is not an independent building, but an object of separate ownership because it is not an object of land, and therefore,
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.