1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

1. The reasoning of the judgment of the court of first instance, citing this case, is as stated in the corresponding part of the judgment of the court of first instance, except for the following additional portions, thereby citing it as it is by the main sentence of Article 420 of the Civil Procedure Act

2. The following shall be added to the 2th 18th 2th 2th 18th 18th 18th 4th 4th 4th 4th 5th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 100 “the Act”

Article 5(2)2 of the Act includes “property directly determined to be used or used by a local government” among administrative property, as well as “property under construction by a local government for the purpose of direct public use.” However, even before the building becomes an independent real property, the instant building constitutes an administrative property under construction by a local government for the purpose of direct public use even before it becomes an independent real property. In addition, in the event that a contractor who was awarded a contract for a new construction of a building has been suspended where a construction of a building was installed on the land, which cannot be deemed an independent building under the generally accepted social norms, the said fixtures are merely attached to the land and cannot exercise the right of retention for such fixtures (see Supreme Court Order 2007Ma98, May 30, 2008). In light of the foregoing, if the building constitutes administrative property under construction, it cannot exercise the right of retention for such fixtures before it becomes an independent real property, and thus, the building falling under a private right to retention cannot be subject to the establishment of a private right under Article 8 of the Act.