The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (1) The victim is not the lessee of the I golf practice hall but the owner of 1/2 shares of the above golf course. Thus, the defendant, corporation D, etc. can exercise the right of retention against the victim and the act entered in the facts constituting the crime in the judgment below is legitimate.

(2) Before committing the act stated in the facts constituting the crime in the judgment below, the Defendant et al. consulted with the competent police station, the number of persons, and the location of placement with legal advice from the attorney and conducted legitimate acts under the direction of the police officer

(3) Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In case where the contractor who built the new building of a housing has a claim for the construction cost incurred in relation to the building and continues to occupy the building on the ground that the right of retention is lawful, there is the right to attract the building.

However, such right of retention is extinguished if the contractor has lost possession (see Supreme Court Decision 95Da16202 delivered on September 15, 1995, etc.) and no right of retention is established even if the contractor seized objects in an unlawful manner and possessed them thereafter.

In light of such legal principles, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, D, on October 1, 2013, concluded a contract for remodeling construction of I golf course with G Co., Ltd. and G Co., Ltd. and G Co., Ltd. upon completion of construction on or around March 2014, and delivered the above golf course to G Co., Ltd.; the victim took over the above golf course from G Co., Ltd. around July 2014, and occupied it in a peaceful way for several months and operated the golf course; and C, a corporation or its representative director, continued possession of the above golf course prior to the victim’s acquisition of the golf course.