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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From May 25, 2012, the Plaintiff and the Defendant maintained the marriage relationship, and the agreement was reached on September 30, 2014.
B. The Plaintiff entered into a lease agreement with the lessor as to the Seoul Gangdong-gu Seoul Metropolitan Government and 401, and resided in the above domicile from March 8, 2005. On August 11, 2014, the Plaintiff was returned KRW 60 million remaining after deducting the overdue rent from the lessor D from the deposit amount of KRW 100 million.
C. Among the Do directors of the Plaintiff as above, the Plaintiff left the above Do with the above 60 million won deposited to the Defendant, and on the same day, the Defendant delivered KRW 30 million among them to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that the above deposit is the money created by the plaintiff alone without the defendant's help, and it is only the money left to the defendant as a locker due to the removal of air conditioners on the date of the board of directors. The plaintiff asserts that the above deposit should be refunded because he did not return the 30 million won at will, without any legal ground, and he did not return it.
In this regard, the defendant promised to pay KRW 30 million out of the time when the plaintiff received the deposit, and the above amount of KRW 30 million was not at the time of the divorce, and the plaintiff asserts that it is unfair to file the lawsuit of this case at the latest, while the agreement was married with the agreement that did not receive property division or consolation money.
B. The Plaintiff, among the 60 million won, kept only the remainder of the 30 million won to the Defendant with the intention to obtain a refund. The Defendant does not have the legal authority to justify the profit of the said 30 million won. In full view of the purport of the entire pleadings, the Plaintiff bears the burden of proving that the Defendant received 60 million won and received 30 million won.