1. In the judgment of the court of first instance, the part of the claim for the confirmation of existence of a lien shall be revoked, and all of the lawsuits concerning the revoked part shall be revoked;

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. We examine ex officio determination as to the legitimacy of the part of the claim for the confirmation of existence of a lien among the instant lawsuit, as to the legitimacy of the part of the claim for the confirmation of existence of a lien.

A lawsuit for confirmation is recognized in cases where it is the most effective and appropriate means to eliminate the Plaintiff’s legal status’s uncertainty and risk. As to the instant case, in cases where the Defendants possessed the instant land owned by the Plaintiff, seeking delivery of the instant land against the Defendants is a direct means to eliminate the Plaintiff’s ownership anxiety and risk effectively and appropriately. Thus, it is unlawful to seek confirmation of the absence of a lien on the instant land against the Defendants, as there is no benefit of confirmation, and thus, to seek confirmation of the absence of a lien on the instant land separately against the Defendants.

(See Supreme Court Decision 2010Da84932 Decided April 10, 2014). 3. Determination as to the claim for land transfer

A. The Plaintiff purchased the instant land in the voluntary auction procedure of this case and completed the registration of ownership transfer; and the Defendants possessed the instant land as seen earlier, barring any special circumstance, the Defendants are obligated to deliver the instant land to the Plaintiff, barring any special circumstance.

B. A summary of the argument regarding the right of retention of Defendant Dongdong Construction 1) The instant structure is installed in an emergency power plant room, electricity room, pump room, underground water tank, etc. after completion of the concrete frame, columns, main walls, floor, and tent works in the part of the first underground floor, and can be used according to the use of the facility in its present state, and has a functional and structural independent structure;