1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The grounds that the defendant appealed while filing an appeal by the court of first instance are not significantly different from the allegations in the court of first instance.

However, the Defendant primarily asserted that the instant real estate was actually occupied before the entry of the decision on commencing auction was made with respect to the real estate listed in the attached list (hereinafter “instant real estate”).

However, in full view of the purport of the evidence duly admitted in the first instance court’s argument, in light of the following: (a) the court enforcement officer investigated the present state of the instant real estate on February 23, 2015, immediately after the decision to commence the auction on the instant real estate; and (b) the investigation merely stated the purport that the lessee occupies the instant real estate for the purpose of exercising the right of retention; (c) there was no container that prevents the Defendant from occupying the instant real estate for the purpose of exercising the right of retention; and (c) it is difficult for the Defendant to grant sufficient probative value to witness F’s testimony, which is the purport that the Defendant installed a container on the instant real estate or managed the instant real estate at the Defendant’s request, on the grounds that the evidence submitted by the Defendant alone, cannot be acknowledged to have occupied the instant real estate before the registration of the decision to commence the auction for the purpose of exercising the right of retention.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act

2. In addition to the judgment of the court of first instance, the defendant shall enter and register the decision on commencing auction in this court.