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. In the first instance trial, the Plaintiff requested the Defendant to deliver each land and the buildings listed in paragraphs (1) and (2) of the attached list No. 1 and (2) to the Defendant. The first instance court dismissed the request for delivery of each of the above lands, and cited the request for delivery of the building.

Since the defendant appealed against this, the object of this Court's adjudication is limited to the claim for delivery of the above building.

2. The reasons for the court’s explanation concerning this case are as follows: (a) it is identical to the entry of the part concerning the request for delivery of a building against the defendant among the reasons for the judgment of the court of first instance, except for the addition of the following under section 6, 13, of the judgment of the court of first instance; and (b) thus, it is acceptable in accordance

[Supplementary part] “A. The Defendant’s lawful assertion of possession based on the Defendant’s right of retention”: (a) around January 2013, the Defendant entered into a contract with H and D to fill up and set up the instant construction works from January 2013 to March 3, 201; (b) occupied the instant land from July 31, 2013 in order to exercise the right of retention against the claim for construction payment as the secured claim; (c) on the basis of the above lien, the instant land was occupied from May 14, 2014; and (d) from September 26, 2014, the instant building was occupied from September 2014 to September 26, 2014; and thus, (c) the Defendant’s possession of the instant building is lawful.

On the other hand, Article 208(2) of the Civil Act prohibits a trial based on the grounds related to the principal right in a lawsuit against possessory right. Thus, it is not allowed to assert the principal right as a defense method for the action against possessory right. Since the right of retention claimed by the defendant is a principal right that covers the right to possess, the right of retention has the right of retention against the plaintiff's claim for the recovery of possession of this case caused by the defendant's deprivation of possession.