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(영문) 서울서부지방법원 2019.03.07 2018가단218925
주권인도청구의 소 등
Text

1. The defendant common shares of F Co., Ltd. kept in F Co., Ltd. Account Number G (Types No. A001270) against the plaintiffs.

Reasons

1. Facts of recognition;

A. Nonparty He, the decedent of the Plaintiffs, (hereinafter “the deceased”) owned 13,851 shares of F Co., Ltd. and died on December 12, 2012.

B. Ten children among the co-inheritors of the deceased [the plaintiffs, four children, I (the first co-defendant of this case, and the plaintiffs were the co-defendant of this case], and thereafter the plaintiffs withdrawn the lawsuit.

There are, J, K, L, M, N)

However, according to the electronic publication system data, on June 25, 2013, 13,851 shares of the deceased were inherited to 7 persons (Plaintiff A, the above I, J, K, L, M, and N), 1,979 shares, each of which was 1,979 shares per 7 persons (the plaintiff B, C, and D3 among co-inheritors are excluded from inheritance), and on the same day, the entire inherited shares were donated to the defendant (the school juristic person, the wife of the above I, the representative of which is the president).

C. On June 2016, Plaintiff A et al., who became aware of the criminal judgment following the final and conclusive judgment regarding the fabrication of private documents against I, filed a criminal complaint with four persons, including Defendant I on the charge of forging and uttering a gift contract. In the Seoul Western District Court Decision 2017Da1033 Decided June 27, 2017, Seoul Western District Court Decision 2017Ma1033 Decided June 27, 2017, in the judgment of embezzlement, seven heirs of “the above Plaintiff’s name without the Plaintiff’s consent,” who were the deceased’s heir, as the above Plaintiff’s inherited property, forged the inherited property contribution contract, and submitted it to F Co., Ltd., embezzled the share certificates into the account of educational foundation E by putting them into the account of the educational foundation E and embezzled the share certificates, which became final and conclusive on June 2013.

[Reasons for Recognition] Evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

A. Following the death of the deceased, the plaintiffs and ten co-inheritors, such as I, upon the death of the deceased, shall, in principle, inherit 1,385 shares in accordance with the shares of 1/10 shares of each inheritance. On the other hand, the co-inheritors may consult on and divide inherited property among co-inheritors, but the division of inherited property is a kind of contract between co-inheritors.

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