The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court determined that, even if the Defendant acquired a lien on the claim for construction price against I as the secured claim, it was insufficient to recognize that the Defendant had occupied the instant building at the time of the entry of the instant decision on commencement of auction on May 14, 2012, solely based on the evidence submitted by the Defendant, at the time of the entry of the instant decision on commencement of auction on March 8, 2012.

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of violating the law of logic and experience and exceeding the bounds of the free evaluation of evidence, or of misapprehending the legal principles

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.