The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The grounds for this part of the parties’ assertion are as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 2 of the same Article.

3. Determination

A. In a passive confirmation lawsuit, if the Plaintiff asserted to deny the fact that the cause of debt occurred by specifying the Plaintiff’s claim first, the Defendant, the obligee, bears the responsibility to assert and prove the fact that the legal relationship exists. As such, in a lawsuit seeking confirmation of non-existence of the right of retention, the Defendant should assert and prove the existence of the subject matter of the right of retention and the related claim

(See Supreme Court Decision 2013Da99409 Decided March 10, 2016). B.

We examine whether the Defendant spent necessary or beneficial expenses relating to the instant real property.

B Each description and image of Eul evidence (including each number numbered) are insufficient to recognize at its own expense the fact that the Defendant performed construction of the instant real estate, such as electricity, water supply, gas, boiler, verb, ridge, and singing and singinginginging facilities, etc., and there is no other evidence to prove otherwise.

Therefore, the Defendant cannot be deemed to have spent the necessary or beneficial expenses relating to the instant real estate.

C. Even if the Defendant spent the necessary or beneficial expenses relating to the instant real property, we examine whether the Defendant has the right to demand reimbursement.

In full view of the entries and the purport of the evidence No. 1 and the entire arguments, Article 5 of the sales contract concerning the real estate of this case prepared by the defendant and C provides that "the buyer (the defendant) shall assume the responsibility for the remaining construction at the same time as the contract is concluded, and shall not claim against the seller (C) later."