1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

1. The reasoning for the court’s explanation as to this case is as follows, and the defendant’s judgment on the argument emphasized in the trial is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment as stated in the following 2.1. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to the 6th sentence of the first instance court:

“(5) The Defendant, with the above damage claim or unjust enrichment claim against the Plaintiff, offsets the remainder from the amount equal to the Plaintiff’s damage claim against the Defendant, and seeks the remainder as a counterclaim.”

2. Additional determination

A. From May 20, 2008, the Defendant occupied the entire F apartment including the instant apartment by setting the claim, such as gas facility construction cost, against D Co., Ltd., which was the owner of F apartment, as the secured claim. On October 24, 2009, the Defendant was confirmed the existence of the above lien from H who purchased F apartment collectively on October 24, 2009.

After November 2015, conciliation was established under the premise that the defendant's right of retention exists in the case of applying for conciliation of building delivery against the F apartment's successful bidder. On January 2, 2016, the F apartment's successful bidder filed against the defendant in the case of applying for order of delivery of real estate against the defendant, a decision was made to dismiss the above successful bidder's application under the premise that the defendant's right of retention exists.

Therefore, the defendant has a lien to oppose the plaintiff, who is the successful bidder of the apartment of this case, and lawfully occupied the apartment of this case. Even if the possession was not lawful, it is not intentional or gross negligence, and it is not illegal possession.