1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

In accordance with the main sentence of Article 420 of the Civil Procedure Act, the part concerning "1. Basic Facts" and "2. Judgment on the cause of the claim" among the grounds of the judgment of the first instance, which partially accepted the judgment of the court of first instance, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, and the part concerning "the possession of a field office" in the fourth 4th th th th of the judgment of the first instance among the "1. Basic Facts" shall be amended to "the possession of a field office, and the possession was transferred to the Plaintiff on May 23,

The defendant's assertion that the right of retention defense is not paid part of the construction price even though he was awarded a subcontract for the new construction work in this case from Skco C&C, and the plaintiff is not entitled to receive a waiver of right of retention.

Although there is a fact of preparing and delivering B, it is related to the construction work among the new construction work of this case, and thus, the Defendant did not waive the right of retention to the construction work of other fields constructed under the direction of B&C. Thus, the Defendant still asserts that the right of retention may be exercised with respect to each land and building of this case.

As to this, the Plaintiff asserted that, on May 23, 2018, the Defendant lost possession of the 2nd unit of each of the instant land and the 2nd unit of the instant building on May 23, 2018 as a result of the delivery execution in accordance with the first instance judgment, the right of retention cannot be established. ② The Defendant did not have any claim for the construction cost against the Switzerland as the secured claim of the right of retention, and ③ the Defendant’s own establishment and waiver of the right of retention, and thus, the Plaintiff could no longer claim the right of retention against the Plaintiff.

Judgment

The effect of enforcement based on a judgment with a declaration of provisional execution on fulfillment of the requirements for possession is not conclusive, and it is a condition to cancel the declaration of provisional execution or the cancellation of the judgment on the merits in the later instance.