1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. In this Court C real estate auction, the Plaintiff sold the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on May 18, 2015.

B. The defendant completed a move-in report on May 3, 2002 with the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") as the domicile, and from May 3, 2002 to May 3, 2002, the defendant is residing in the real estate of this case.

C. Around June 16, 2011, the Defendant filed a move-in report with DF on November 27, 2009; D, F, Gangwon-gu, Gangwon-do; and F, the instant real estate on January 12, 2010; and on June 25, 2010, respectively.

The family members of the division shall be the sole householder after all of them move out, and they were living in the real estate of this case on their own as the sole householder, and the non-party E became the joint householder on January 24, 2014 by moving-in report.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including virtual number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff can not assert opposing power as the tenant because the defendant is not a family-friendly tenant and is not a genuine tenant. Therefore, the defendant claims that the plaintiff deliver the real estate of this case to the plaintiff, and that the defendant should pay unjust enrichment equivalent to the rent by the date when delivery is completed or the plaintiff loses ownership.

On May 3, 2002, the defendant entered into a lease contract with D on May 3, 2002 and part of the real estate of this case with D on the deposit amounting to 50 million won, living together with D on November 20, 2004, and used the lease deposit amounting to 50 million won as additional deposit, and entered into a lease contract with the lease guarantee amounting to 100 million won on the condition that one of the small banks outside the inside bank is added to the leased object. On November 20, 2006, the lease contract with the lease deposit amounting to 230 million won is again concluded.