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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. The Defendant asserted that the instant real estate was leased to E, F, etc. without the Plaintiff’s consent and used by E, F, etc. as an office without the Plaintiff’s consent, and accordingly, the Defendant demanded the extinction of the right of retention pursuant to Article 324(3) of the Civil Act.
B. According to Article 324 of the Civil Act, a lien holder shall possess the thing under custody with the care of a good manager; a lien holder shall not use, lend, or offer security beyond the scope necessary for the preservation of the thing under custody without the owner’s consent; and the owner may demand the extinction of the lien if the lien holder violates the above obligation. However, the person who exercises the lien based on the claim for construction price is an act helpful for the preservation of business facilities, which are the thing under custody, and uses it as necessary for the preservation of the thing under custody, barring special circumstances. In such a case, the extinction of the lien cannot be claimed (see Supreme Court Decision 2009Da40684, Sept. 24, 2009). The requirements for the establishment of the lien under Article 320 of the Civil Act include not only direct possession but also indirect possession through an assistant. The person who actually exercises the control over the thing under the direction of another person through a business relationship or other similar relationship, and the person who is under actual control over another person’s business relationship can be delegated under the concept of employment contract.