Levin went to court with a lawsuit against Kotova

Levin filed a lawsuit against Kotova for recognition of the right to living space and the eviction of the latter. He explained that the apartment in St. Petersburg was provided in 1999 under a social contract of employment to a family of four - his parents, him and his brother.
After the death of his mother, by the decision of the District Court of St. Petersburg on October 6, 2002, Levin was declared missing. On November 10, 2002, the respondent registered a marriage with his brother and on November 12, 2002 was registered in the disputed apartment without his consent. Then his brother and father died. By a decision of the District Court of St. Petersburg dated November 5, 2005, the decision to declare Levin missing was annulled. He believes that he has the right to a controversial apartment, and the defendant, who was brought into the apartment without his consent and did not live with him as a single family, did not acquire the right to living space, therefore, she must be evicted.
Kotova objected to the satisfaction of the claim and filed a counterclaim recognizing her right to use the disputed apartment, referring to the fact that she lived in this residential area. She led a common household with her husband and his parents. She became a member of the employer´s family, and therefore acquired the right to live in an apartment.
Analyze the arguments of the parties and decide the case.