1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. A. On June 1, 2007, the Defendant entered into a contract for construction of a new site neighborhood living facility (hereinafter “instant construction”) on the land of Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, 987-2,126m2 (hereinafter “instant land”) (hereinafter “instant land”), with the Defendant, as construction cost of KRW 6,083,00,000 (including value-added tax).

B. After that, on August 9, 2007, the Defendant entered into a subcontract with 341,000,000 won (including value added tax) for the construction of the instant construction works (including the construction cost of the instant construction works) to be executed by fixing the basic soil works among the instant construction works as the construction cost of KRW 341,00,00 (including value added tax) and again entered into a subcontract with the Defendant (including value added tax) on October 2008 for the construction of the instant construction works as the construction cost of KRW 1,581,80,000 (including value added tax).

C. The instant construction was suspended during the period of the instant construction works for the foundation soil (soil) and framed (refluenceing concrete works and molding works) according to the said subcontract. At the time of suspension, part of the construction site of the instant construction works, such as earth and sand plates, columns, burners, and retaining walls, were installed on the basement and the first floor above the ground at the time of suspension.

After November 24, 2011, the Daejeon District Court started a voluntary auction procedure based on the right to collateral security in the name of the Gyeongginam Fisheries Cooperatives on the land of this case as A on March 22, 2007. The defendant reported on May 22, 2012 that the land of this case is part of the exercise of the right to collateral security at the above auction court.

마. 피고는 현재 이 사건 토지에 관한 별지 감정도 표시 1, 2, 3, 4, 1의 각 점을 순차로 연결한 선내 ㈀부분에 컨테이너 1식(이하 ‘이 사건 컨테이너’라 한다)을 설치하고, 같은 감정도 표시 ⒜, ⒝, ⒞, ⒟, ⒠, ⒡, ⒢, ⒣, ⒤, ⒥, ⒦를 순차로 연결한 선 부분에 높이 약 2m의...