1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 23, 2005, the registration of preservation of ownership was completed in the name of the Jeju Industrial Development Co., Ltd. on the apartment housing with 20 or more households that did not obtain approval for use under the Building Act, the Busan B, D, E, F, G, H ground reinforced concrete flat roof 15 or more residential facilities and apartment houses (hereinafter “the apartment of this case”). Of the apartment of this case, the registration of preservation of ownership was completed in the name of the Jeju Industrial Development Co., Ltd., and it is '807 or less' as stated in the attached

On August 23, 2005, the registration of transfer of ownership was completed under the Plaintiff’s name. Around February 5, 2010, the Defendant completed the move-in report as of 807, and occupied and used it from that time. [The fact that there is no dispute over the grounds for recognition, the entry of No. 1, the result of the appraiser I’s appraisal of rent, the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that, since the Defendant occupied and used Nos. 807, the Plaintiff-owned from February 5, 2010 to February 19, 2013, the Plaintiff is obligated to pay the Plaintiff the amount of unjust enrichment of KRW 18,800,000 and delay damages equivalent to the rent from February 5, 2010 to February 19, 2013.

B. The owner of an immovable property who has been illegally occupied may seek against the illegal possessor the compensation for damages equivalent to the rent or the return of unjust enrichment. However, the owner of the immovable property may not claim for damages or the return of unjust enrichment if there are special circumstances where there is no room to generate any profit equivalent to the rent or any other income.

(See Supreme Court Decision 200Da57375 Decided December 6, 2002). According to Articles 29(1) and (4), 16(1), and 97 subparag. 6 of the Housing Act (amended by Act No. 11243, Jan. 26, 2012); and Article 15(1) of the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 23988, Jul. 24, 2012), a person who intends to implement an apartment construction project which is a multi-family housing with at least 20 households shall obtain approval of a project plan; and a project proprietor who implements an apartment construction project with such approval shall complete the project.