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1. The part of the judgment of the court of first instance against the plaintiff (the part of the claim for confirmation of lien) shall be revoked.
2. The defendant is against the plaintiff.
Reasons
1. Determination on the claim for confirmation of lien
A. The Plaintiff, as the owner of the real estate listed in the attached Table 1, has a claim for the construction cost equivalent to the utility cost regarding the said real estate, as stated in the attached Table 2.
The plaintiff occupies the above real estate by installing a banner and CCTV to inform the exercise of a lien on the above real estate, and managing the keys of the above real estate.
On the other hand, the defendant's management director was subject to criminal punishment due to the crime of causing property damage and obstructing exercise of rights by removing the above banner and attaching the entrance glass.
[Grounds for Recognition] Confession (Article 150 (1), (3) of the Civil Procedure Act)
B. If so, it is reasonable to view that there exists the Plaintiff’s lien with respect to the real estate indicated in the Attachment No. 1 as the secured claim. Since the Plaintiff has a benefit to seek confirmation against the Defendant, who is the owner of the said real estate, the Plaintiff’s claim for confirmation of the lien against the Defendant
2. The plaintiff's claim for the confirmation of lien against the defendant should be accepted as reasonable.
The part concerning the above claim in the judgment of the court of first instance is unfair.
Therefore, accepting the plaintiff's appeal, the part against the plaintiff among the judgment of the court of first instance against the plaintiff (the part on the claim for confirmation of lien) is revoked, and it is confirmed that the plaintiff's lien exists with respect to real estate listed in attached Form 1 as secured