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(영문) 서울중앙지방법원 2018.09.12 2016가단5199860

소유권확인

Text

1. Of the instant lawsuit, the part of the Plaintiffs’ claims against Defendant D and E is dismissed.

2. The plaintiffs' defendant C.

Reasons

1. Basic facts

A. F had 4 South and North 1 women married with G, and they were each married with G, and the plaintiffs are the second son, fourth son, the Defendants are the first son, son, and third son.

B. F collected a lot of property in the course of operating H Co., Ltd. (hereinafter “H”) and I Co., Ltd. (hereinafter “I”) mainly for real estate leasing business. A number of real estate and the shares of each of the above companies have been owned in the name of their children, relatives, and relatives.

C. Around October 24, 2008, F prepared each share transfer contract with the Plaintiff’s shares 2,000 shares in H’s name, 680 shares in the Plaintiff’s name (hereinafter “each shares in the Plaintiff’s name”) and 660 shares in G’s name, and changed the ownership of each of the above shares by using each share transfer contract (hereinafter “transfer”). A around March 10, 2009, around March 10, around 2009, around 8,740 shares in the Plaintiff’s name, Defendant E’s shares 8,740 shares were transferred to Defendant C, and then changed the ownership of each of the above shares by using each share transfer contract.

On the other hand, around 209, G filed a lawsuit against F to seek divorce, division of property, etc. (the Seoul Family Court 2009dhap3869). While the lawsuit is pending, both the Plaintiffs and the Defendants participated in the conciliation procedure and the decision in lieu of conciliation on February 24, 201 (hereinafter “instant conciliation decision”) became final and conclusive, “F and G shall not divorce but pay 1.5 billion won to G, and the parties shall be paid KRW 1.5 billion in the instant conciliation decision, “F and G shall withdraw the pending lawsuit, preservative measure, and criminal complaint between the parties, use certain real estate and financial assets to F, grant the right to benefit, and do not dispose of real estate under the name of the other parties until F dies, but in the event of F’s death, division of inherited property according to their inherited portion.