1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff owns the real estate indicated in the attached Form (hereinafter “instant store”).

B. The underground 1st floor in which the instant store is located is divided into eight stores in total.

C. On December 2, 2007, the Defendant purchased No. 8 of the 1st underground floor and operated the “Cheach Council.”

Since then, the defendant used 7 and 5 underground floors with permission from the owner, and acquired the ownership of 3, 6 and 2 underground floors.

E. On November 2010, the Defendant occupied garbage, etc. in the instant store located between the first floor of underground floors 3 and 5, and repaired floor, entrance, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2 and 3, the purport of the whole pleadings

2. Assertion and determination

A. From December 2, 2007, the Defendant purchased and used a shop adjacent to the instant store as a church, and without any title, occupied and used the instant store owned by the Plaintiff.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay unjust enrichment equivalent to the monthly rent.

B. Around July 2012, the Defendant was permitted to repair and use the instant store from the person who was the actual owner of the instant store, and the Defendant accepted and used the instant store from November 2010. On September 27, 2014, the Defendant heard from the Plaintiff that the instant store should not be used, and the Defendant handed over the instant store by deducting the table table and chairs in the instant store.

2. As to whether the Defendant delivered the instant store to the Plaintiff, comprehensively taking account of the aforementioned evidence and the overall purport of the pleadings in each video as set forth in subparagraph 4-1 through 6, the Defendant repaired the instant store and used it, and was difficult for the Defendant to set up the tables and seals in the instant store on September 27, 2014, and then did not correct the entrance.

According to the above facts of recognition, the defendant shall make the plaintiff around September 27, 2014.