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Reasons
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(영문) 광주고등법원 2016.09.09 2014나1460
소유권이전등기 등
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1. The shares listed in Appendix 2 Section 2, among the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) at the trial.

Reasons

1. Basic facts

A. On December 17, 1984, the registration of transfer of ownership in the Plaintiff’s name for the real estate Nos. 1 and 2, and on November 22, 199 for the real estate No. 3, the registration of transfer of ownership in the name of the Defendant and the deceased C (hereinafter “the deceased”) was completed respectively.

B. The Deceased died on March 30, 2002 with a large amount of deposit claims, including a large number of real estate, stocks, and next honorary money, while substantially operating N Co., Ltd. and N Co., Ltd.O (hereinafter “O”), and engaging in real estate leasing business, etc. The Defendant is the deceased’s wife, as the deceased’s wife, the Plaintiff, D, E, F, and G’s property heir as each deceased’s children.

C. Around 2002, the above D and E appointed an attorney-at-law I as an attorney and requested for adjudication on the division of inherited property against the defendant, plaintiff, F and G, who is another co-inheritors, under the Family Branch of Gwangju District Court 2002. D.

The Defendant appointed an attorney-at-law as his legal representative and responded to the judgment on the contributory portion by the above court 2003Rahap1. The Plaintiff appointed an attorney-at-law P, F and G as their legal representative and responded to the appeal.

The above court joined the above two cases in June 2003.

E. On September 9, 2003, during the trial of the instant case, between the Defendant and F, the attorney I and the Plaintiff, E, and G representing the Defendant and F, containing the following contents in respect of the deceased’s inherited property (hereinafter “instant agreement”) and the separate agreement attached thereto (hereinafter “the separate agreement”).

Agreements shall be made in writing.

1. 51,830 shares (51.83%) 51,830 shares (51.83%) 1,600 shares (32%) - Reassessment 18,500 shares (32%) 100 million won in the name of the deceased of the deposit;

2. (1) Real estate and shares in the deceased’s name are divided upon consultation as follows:

A number of real estate and shares are individually specified and indicated by the heir, but this is applicable.

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