1. Client's Crisis

The client's husband was the representative operating a corporation. Due to ongoing conflicts during the marriage, both spouses came to the conclusion of divorce, and while proceeding with an uncontested divorce, a property division issue involving unlisted shares arose. The husband insisted that the unlisted shares held in the corporation's name should not be considered subject to property division, and claimed that the client had made no contribution. Because unlisted shares do not have an established market price, accurately valuing them was difficult, and there was even concern that the husband might dispose of the shares to a third party before litigation. The client came to Law Firm Jonjae to protect the rightful share of the assets they had built together after marriage.

2. Key Issues

The difficulties in this case were largely threefold. First, unlike listed stocks, unlisted shares had no market transaction price, making it difficult to determine their cash value in the first place. Second, there was a real risk that the husband would arbitrarily dispose of the unlisted shares or transfer them into a third party's name before or during litigation. If the shares were disposed of, even winning the lawsuit would not secure practical rights. Third, because the husband completely denied the client's contribution to the unlisted shares, it was necessary to specifically prove that her support during the marriage contributed to the formation of the corporation's assets.

3. Strategy of Existence

Lead attorneys Yoon Ji-sang and Noh Jong-eon first applied for a provisional injunction prohibiting disposal of the unlisted shares. Because an application for an injunction is possible regardless of whether divorce or litigation proceedings are underway, they moved swiftly before the trial began to preemptively block any attempt by the husband to conceal or dispose of the shares at will.

After securing the safety of the assets, they proceeded with an appraisal of the unlisted shares to calculate their exact cash value and include them in the property division list. In this process, they actively investigated the company's debts as well so that the asset valuation would be accurate. At the same time, they specifically argued that the client had supported her husband throughout the marriage and contributed to the corporation's growth, thereby proving that the unlisted shares were assets formed through the couple's joint efforts.

4. Results and Recovery

The granting of the injunction prohibiting disposal of the unlisted shares completely blocked the risk that the property would be disposed of during the litigation process, and the share value determined through appraisal was included in the property division subject. The client secured a rightful share of the unlisted shares that the husband had tried to exclude from division and was able to prepare for a fresh start with a stable financial foundation.

Attorneys in charge: Yoon Ji-sang, Managing Attorney · Noh Jong-eon, Managing Attorney

This case has been partially de-identified to protect confidentiality to the extent that it does not compromise the substance of the case.