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 reasoning of the court's explanation concerning this case is the same as the part of the reasoning of the judgment of the first instance, except for the addition of the judgment as stated in paragraph (2). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The addition;

A. As to the possession of each of the instant lands, the Plaintiff asserted that the Defendant did not occupy each of the instant lands as of October 21, 2013, in which the voluntary auction procedure commenced, while the Defendant, from August 2013 to the present day, set up a container on each of the instant land access roads to prevent others from entering the said container, and put up the banner marked as “in the course of exercising the right of retention” on the said container. The Defendant’s representative director or employee, from time to time, continuously occupied each of the instant land.

B. The requirements for establishment of lien under Article 320 of the Civil Act and possession, which is the requirements for existence of lien, refers to the objective relationship, which appears to belong to the factual control of the person in terms of social norms. At this time, factual control is not necessarily limited to physical and practical control, but should be judged in conformity with social norms by taking into account the time and spatial relationship with the person in question, the relationship between principal and the person in question, the possibility of excluding others from other person's control, etc. However, in order to be deemed to have an objective relationship that belongs to such factual control, at

In addition, a person who acquired a lien after the registration of the decision on commencement of auction on a certain real estate cannot claim his/her lien in the auction procedure.

(See Supreme Court Decision 2013Da84971 Decided January 29, 2015, etc.). C.

In light of the above legal principles, the instant case is a health stand, without dispute, Gap evidence 3, Eul evidence 3 and 4, each entry and video of the evidence Nos. 3 and 4, and testimony and pleadings of the first instance trial witness C and the party trial witness S.