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. Under the main sentence of Article 420 of the Civil Procedure Act with respect to this part of the basic facts, the corresponding part of the grounds for the judgment of the court of first instance (from No. 6 to No. 4, 5) shall be quoted.

2. The parties' assertion

A. The Defendant did not have the secured debt related to each of the instant real estate in relation to Taecheon steel, and therefore there is no right of retention of the Defendant with respect to each of the instant real estate.

Even if the defendant's right of retention exists, the defendant's assertion of such right to the plaintiff is not allowed as the exercise of rights or abuse of rights against the good faith principle.

B. On November 30, 2014, the Defendant leased each of the instant real estate from Tae River, and installed various machinery and equipment from December 10, 2014 to operate a steel processing factory. The Defendant completed the construction of facilities related to the existing factory, etc. by January 30, 2015. Accordingly, according to the instant lease agreement, the Defendant acquired the claim equivalent to the purchase price for the said machinery and equipment and the construction price for the factory.

In addition, since the value of each of the real estate in this case has increased due to the above facility repair work, the defendant had a right to claim reimbursement of beneficial costs equivalent to the above construction cost against Tae River Construction.

The above claims of the defendant are related to each of the real estate of this case, and the defendant has occupied each of the real estate of this case before the entry in the auction procedure of this case was registered. Thus, the defendant's lien on each of the real estate of this case exists.

3. Determination

A. In a lawsuit seeking a passive confirmation of relevant legal principles, if the Plaintiff asserted to deny the fact that the cause of the right occurred by specifying the Plaintiff’s claim first, the Defendant, the right holder, etc. is liable to assert and prove the fact that the legal relationship occurred (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). In the instant case, the Defendant, who claimed a right of retention,