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1. The part of the judgment of the court of first instance ordering the Defendants to jointly return the purchase price (Article 1-4 of the judgment of the court of first instance).
Reasons
1. Basic facts
A. Status 1) The Plaintiff is the deceased H (Death on September 16, 2006, hereinafter “the deceased”).
The Plaintiff’s adult guardian B, C, and the Defendants are the children of the Plaintiff and the Deceased, and the Plaintiff inherited the deceased’s inherited property by shares of 3/13, B, C, and the Defendants, respectively. 2) The Deceased established a corporation I (hereinafter “I”) on February 22, 1973, and served as the representative director at the time of death.
At the time of death as a shareholder of I, the Deceased held 8,605 shares of the total number of 30,000 shares issued in the name of the Deceased, and 2,685 shares in the name of the Deceased, respectively, in the name of the Plaintiff, Defendants, B, C, and the remaining 18,710 shares in the name of K, L, M, N,O, and P.
At the time of death, the Deceased owned the real estate listed in the separate sheet (hereinafter “the instant real estate”), Qgu Seoul Mapo-gu Qbro 410.6 square meters, and its ground housing (hereinafter “ Q house”), deposits, etc. in its name in addition to the shares of I.
3) On November 5, 2013, B and C filed a petition for adjudication on the commencement of adult guardianship with the Plaintiff as the principal of the case (Seoul Family Court 2013 Madan9792). The above court commenced adult guardianship for the Plaintiff on June 30, 2014, and decided to appoint B and C as the Plaintiff’s adult guardian. Accordingly, the Defendants filed an appeal (Seoul Family Court 2014BB3035) and reappeals (Supreme Court 2015S414), but the said decision was dismissed, and the said decision became final and conclusive on June 8, 2015. (b) On April 24, 2007, I changed the registration of change of entry of shareholders’ shares in the list of shareholders in the name of the deceased’s 8 and 605 shares.
2. In relation to the Defendants, the Plaintiff and the Defendants, each of the 438 shares in the Plaintiff’s name, donated to Defendant D and E, respectively, on March 20, 2007, and on March 20, 2007, donated 437 shares out of the shares in the Plaintiff’s name to Defendant F, respectively.