The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The plaintiff and the defendant are siblings, and C and D are the defendant's sonia.

B. On June 29, 200, the Plaintiff and the Defendant’s parents decided to purchase the Yongsan-gu Seoul Metropolitan Government E apartment and F apartment (hereinafter “instant apartment”) in the name of the Plaintiff, the South-Nam, and the Plaintiff completed the registration of ownership transfer on June 30, 2003 with respect to the instant apartment after paying the purchase 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 G began to worsen health, and G requested the defendant to live together with the apartment of this case and to attend a nursing room.

C. On February 14, 2019, the Defendant: (a) moved into the instant apartment and filed a move-in report; and (b) upon the Defendant’s request, the Defendant’s resident registration was also transferred to the instant apartment.

Meanwhile, C departs on May 31, 2018 and is staying in a foreign country until now, and D departs 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 Defendant moved into the instant apartment without the Plaintiff’s permission from February 14, 2019, and thereafter occupied the instant apartment owned by the Plaintiff without any legal ground from that time to that time. As such, the Defendant is obligated to pay KRW 30,500,000, which is part of the amount equivalent to the rent for 16 months from March 1, 2019 to that of the instant lawsuit, and damages for delay.

Preliminaryly, the defendant, including C and D, is the apartment of this case without the plaintiff's permission.