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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 of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as the reasoning of the judgment of the court of first instance, except for a modification or an additional determination as follows. Thus, it is acceptable as it is in accordance with the main sentence
2. A portion to be corrected or added;
A. On the 6th page of the first instance judgment, “each description or image of evidence Nos. 8, 9, 19 through 24, 27, 28, 29, and 32” in the 9th instance judgment is “each description or image of evidence Nos. 8, 9, 19 through 24, 27, 28, 29, 29, 32, 33, 35, 36, and 37”.
B. On the 6th page of the first instance judgment, the following judgments are added.
As long as the lien holder has lost possession of real estate, even if it was caused by the illegal deprivation of possession by the owner, the lien shall be extinguished. However, if the lien holder restores possession by filing a lawsuit for recovery of possession and by winning a favorable judgment, it shall be deemed that the lien will continue to exist. However, as long as the possession has not yet been restored, it is difficult to deem that the lien is not extinguished solely on the ground that the possession can be recovered by filing a lawsuit for recovery of possession and filing a lawsuit for recovery. As such, the Defendants are expected to bring a lawsuit for recovery of possession in the future by asserting that the Defendants retired from the possession of land and buildings in this case from the land, which is the debtor around February 26, 2016, while the Defendants occupied the land and buildings in this case, and therefore, they are expected to bring a lawsuit for recovery of possession later (the preparatory brief dated 24, 2016). Even if the Defendants' possession is recognized, this does not exist even in this regard, since the Defendants lost the requirements for the establishment of the lien,
3. Therefore, the plaintiff's claim against the defendants is justified, and the judgment of the court of first instance is just, and the defendants' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.