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Reasons
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(영문) 인천지방법원 부천지원 2018.07.05 2017가단117802
임대차보증금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A and D reported marriage on August 30, 199.

B. On behalf of the Defendant on March 7, 2011, D entered into a lease agreement with the Defendant on behalf of the Defendant with respect to the “Sacheon-gu E apartment and 201” (hereinafter “instant apartment”) owned by the Defendant (hereinafter “instant apartment”) and entered into between the lessor, Defendant A, lessee, lease deposit amount of KRW 90,000,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, and from March 7, 2011 to March 6, 2013 (hereinafter “instant lease agreement”).

C. A, due to the incombustibility with D, was examined separately from B in the apartment of this case around June 2012, and around that time, only D and their children were residing in the apartment of this case.

A and D reported divorce on February 21, 2013.

E. Around March 2013, when the lease term under the instant lease agreement expires, D returned KRW 90,000,000 from the Defendant, and delivered the instant apartment to the Defendant.

F. A was declared bankrupt on March 23, 2017 (Seoul District Court 2016Hadan3783), and the Plaintiff was appointed as a trustee in bankruptcy.

[Ground for Recognition: Facts without dispute, Gap 1 through 5, 8, each entry of Eul 1, witness Gap's testimony, and purport of whole pleadings]

2. After the expiration of the lease term under the instant lease agreement by the Plaintiff’s assertion, A did not receive a refund of KRW 90,000,000 from the Defendant, and even if the Defendant returned the above KRW 90,000,000 to D as the Defendant’s assertion, it is difficult to view it as a lawful repayment for A because it did not have the right to receive the above KRW 90,000,000, which is part of the above KRW 90,000,000, and the damages for delay thereof, the Defendant is obligated to pay to the Plaintiff the above KRW 31,00,000,00 (

3. Prior to the determination, A and D comprehensively take into account the circumstances known in light of the facts recognized as well as the testimony of A and the statement of B evidence No. 1.

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