금원반환청구의 소
1. The defendant shall pay 45,198,020 won to the plaintiff and 12% per annum from January 19, 2020 to the day of full payment.
1. Basic facts
A. The plaintiff is the trustee in bankruptcy of the deceased A (hereinafter "the deceased"), and the defendant is the heir (child) of the deceased A.
B. With respect to D Apartment E on March 23, 2018, with respect to the lessor as F, the lessee was the Defendant and the lessee as the Defendant and the lease deposit amount of KRW 50,000 (the contract deposit of KRW 10,000,000 was paid at the time of the contract, the balance of KRW 40,000,000 was paid at the time of the contract, and the monthly rent of KRW 1,50,000,000 was the monthly rent, and the lease term was from May 18, 2018 to May 18, 2020 (hereinafter “instant lease”).
C. On October 15, 2018, the Deceased died, and the Defendant, on December 12, 2018, filed a report on the inheritance limited approval with the District Court (No. 2018-Madan2118) and rendered a judgment to accept the report on January 30, 2019. The Defendant was served with the said judgment on February 7, 2019.
On February 11, 2019, the Defendant was transferred KRW 45,198,020 from G (F’s father) minus the unpaid rent, etc. from KRW 50,000 for the lease deposit of this case.
E. On March 6, 2019, the Defendant filed an application with the District Court for adjudication of bankruptcy for inherited property (2019Hadan1005) and rendered a final judgment of bankruptcy regarding the deceased’s inherited property on May 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Although the Plaintiff entered the Defendant as a lessee, the person who actually entered into the contract is the Deceased, and the deposit is also paid by the Deceased, the claim for the return of the deposit under the instant lease agreement is an inherited property, namely, the property of the Deceased.
However, the Defendant received KRW 45,198,020 from G and thus, the Defendant paid the said money pursuant to Article 390 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).