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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The plaintiff and D are siblings, and the defendants are the sonia of D's sonia.
B. On June 29, 200, the Plaintiff and D’s parents decided to purchase the Yongsan-gu Seoul Metropolitan Government E apartment and F (hereinafter “instant apartment”) under the name of the Plaintiff, the south, and the Plaintiff completed the registration of ownership transfer for the instant apartment on June 30, 2003, after paying the sale price in full.
C. Since 2006, the Plaintiff had his parents reside in the apartment of this case without compensation, and the Plaintiff’s parents have resided in the apartment of this case from that time.
During that period, the plaintiff's father died, and the mother of G began to worsen health, and G requested D to live together with the apartment of this case and live together with the apartment of this case.
D On February 14, 2019, a moving-in report was filed with the director of the instant apartment, and the Defendants’ resident registration was also transferred to the instant apartment upon the request of D.
E. Meanwhile, Defendant B left the Republic of Korea on May 31, 2018 and has been staying in a foreign country until now, and Defendant C left the Republic of Korea on July 5, 2018 and entered the Republic of Korea on December 25, 2019 and remains in the Republic of Korea for about 24 days.
January 17, 2020 is currently staying in a foreign country until now.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 through 4, 6 through 12 (including paper numbers) and the purport of the whole pleadings
2. The main point of the Plaintiff’s assertion is that the Defendants moved into the instant apartment without the Plaintiff’s permission from February 14, 2019 to the point of time, and thereafter possess the instant apartment owned by the Plaintiff without any legal cause. As such, the Defendants jointly and severally are liable to pay KRW 40,960,00, which is part of the amount equivalent to the rent for 16 months from March 1, 2019 to the date of filing the instant lawsuit, and damages for delay.
Preliminaryly, the defendants are the apartment of this case with D without the plaintiff's permission.