1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

The Plaintiff, from the father C on October 4, 201, received 1/2 shares from the Plaintiff’s father C, among Mapopo-si D ground reinforced concrete structure slive roof 7 floors accommodation facilities and neighborhood living facilities (hereinafter “instant building”), and completed the registration of ownership transfer on October 5, 201.

However, around that time, the Defendant, without any authority, operated the accommodation business with the trade name of Felel in the instant building along with E, one’s own words, and occupied the instant real estate.

Therefore, the Defendant is obligated to pay to the Plaintiff the money stated in the purport of the claim as unjust enrichment equivalent to the rent during the period from October 5, 201 to February 3, 2012 when the Defendant’s possession was completed due to order execution from October 5, 201, the date of acquisition of Plaintiff’s ownership

Judgment

According to Gap evidence No. 1, it can be acknowledged that the plaintiff owned 1/2 shares of the building of this case from October 5, 201 to February 3, 2012. Thus, we examine whether the defendant occupied the building of this case for the same period.

The possession of an object refers to the objective relationship that appears to be a factual control of a person under the social norms. In order to be in de facto control, it is not necessarily a mere physical or practical control over an object, but a decision should be made in conformity with the social norms by taking into account the time and spatial relationship with the object, the principal right relationship with the object, the possibility of control of another person, etc.

However, according to the evidence evidence Nos. 6, 8, and 10, the Defendant visited the instant building for delivery of real estate under the judgment of Gwangju High Court No. 201Na1698, Dec. 23, 201, on the ground that the Defendant was the business operator, the business operator, and the business operator, the business operator, the business operator, the business operator, and G enforcement officer of the Gwangju District Court G was delegated by C during the said period, and H claimed as the manager of the instant building is the Defendant’s place of business.