1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The reasons for this part are the same as the part of “1. Basic Facts” in the judgment of the court of first instance, except for the dismissal as follows, and therefore, they shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In the part of the judgment of the court of first instance, "the construction of this case (hereinafter "the construction of this case") 15 to 16 pages of the judgment of the court of first instance (hereinafter "the construction of this case") hereinafter "the construction of this case" and "each of the above parcels of this case where the construction of this case was performed" is "the

"Ero-friendly".

As seen earlier, the Plaintiff is the co-owner of the instant real estate, and the Defendant possessed the instant real estate. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff seeking the exclusion of disturbance as an act of preserving the jointly owned property.

A summary of the Defendant’s assertion on the existence of the secured claim of the right of retention as to the Defendant’s defense of the right of retention was made with D by making an oral conclusion of the instant contract with D, and preparing a quotation for calculating the construction cost required for the instant construction work, and D, around 2015, made a power of attorney to the Defendant to delegate to the Defendant all of the development activities, construction works, or all of all of the acts on the instant construction site.

Accordingly, the Defendant, as the executor of the instant construction project, performed the work of preparing cadastral surveying and design drawings, and paid the expenses directly.

In addition, the defendant extended the name of the Y company operated by AD and completed the subcontract for retaining wall construction with reinforced soil, and the construction cost requires KRW 413 million.

In addition, the above reinforced soil retaining walls, construction works, and other land disposal, waste disposal incurred during the construction of this case, lease of construction machinery and mobilization of construction manpower have entered into a contract with multiple construction business operators as follows:

A construction business operator.