China Business Daily once exclusively reported that after the death of the well-known real estate developer Li Guibin, all relevant equity was transferred by his younger brother, which led to Li Guibin's wife and CCTV female anchor Xu Jun and her youngest son defending their rights.

Recently, with the opening of a series of cases, the last video of Li Guibin was submitted for judicial appraisal.On October 13th, Xu Jun (@主演徐钧) posted the results of the forensic appraisal on Weibo. Before and after the recording of the video (February 3rd and 4th, 2017), Li Guibin suffered from organic mental illness.Obstacles, according to the guiding standards of judicial psychiatry for legal capacity appraisal, belong to the limitation of civil capacity.

China Business Daily previously reported that Li Guibin's relevant equity interests in multiple companies were transferred to his younger brother Li Guijie at the above-mentioned time, which resulted in zero inheritance between Xu Jun and his two children.Confirm that the above transfer is invalid.

Since multiple companies were involved, the relevant cases were held in Shandong and Beijing respectively. The above-mentioned judicial appraisal was entrusted by the Beijing Haidian District Court.Some lawyers analyzed that forensic identification is quite important in this case.According to court information, in a public trial in Shandong in May this year, the defendant admitted in court that Li Guibin's signature in the relevant documents was a counterfeit signature, not his own.

Key evidence made public for the first time

Li Guibin, the founder of Guangyao Dongfang and a well-known real estate developer, was seriously ill and hospitalized on January 25, 2017. He was notified of serious illness on January 28, and was notified of critical illness on February 3. Li Guibin died of illness on February 13.

The reporter learned that during the court sessions in Beijing, Shandong and other places, a video with a total duration of more than 30 minutes was submitted to the court as key evidence to prove that Li Guijie's transfer of shares under Li Guibin's name was legal.

The video was taken on February 3, 2017. In the picture, Li Guibin is lying on a hospital bed, his eyes are dull, his attention is not concentrated, his reaction is slow, his speech is not clear, his voice is weak, and he has to ask many questions repeatedly to make a simple response.And after repeated reminders, I don't know what my name is, and I can't sign correctly.

According to an insider, the video was filmed by Li Guijie, his lawyer and others using mobile phones. The main content is to ask Li Guibin, who has been notified by the hospital to be critically ill, to sign the equity transfer document and transfer all the equity under his name to Li Guijie.

However, Xu Jun, Li Guibin's wife and legal guardian, did not know about this, and did not see this video for the first time until the court exchanged evidence after the prosecution.What's embarrassing is that the video submitted by the other party as evidence clearly shows that Li Guibin doesn't seem to remember his name and needs to be reminded repeatedly by others, but he still fails to write it correctly.and so on.

In the change document submitted to the industry and commerce department later, Li Guibin appeared at the shareholder meetings of eight Guangyao Dongfang companies within one day on February 3, 2017, and the venues were in Beijing, Liaocheng, and Guandong.Three counties.The core content of these meeting documents is to transfer the equity under Li Guibin's name to his younger brother Li Guijie at an ultra-low consideration.

But even with the ultra-low consideration, Xu Jun's mother and son failed to get a penny.According to the lawyer, the so-called equity transfer funds only stayed in Li Guibin's personal bank card account for more than ten days, so that they were secretly transferred away from Xu Jun seven days after Li Guibin's death.return.

Among them, 5 companies in Beijing held a shareholder meeting on this day: Beijing Guangyao Oriental Commercial Management Co., Ltd., Beijing Guangyao Oriental Hangfangqiao Shopping Center Co., Ltd., Beijing Guangyao Oriental Yangfangdian Shopping Center Co., Ltd., Beijing Guangyao Oriental Times Shopping PlazaCo., Ltd., Beijing Guangyao Oriental Architectural Planning and Design Co., Ltd.

There are three companies in Shandong: Shandong Guanxian Wanze Trading Co., Ltd., Shandong Liaocheng Huaxin Henglong Trading Co., Ltd., and Shandong Guangyao Limin Enterprise Management Consulting Co., Ltd.

According to public industrial and commercial materials, the shareholder meetings of these eight companies were held in their respective meeting rooms, and shareholder resolutions and equity transfer agreements were formed.Generally speaking, that is, Li Guibin transferred all the equity under his name to his younger brother Li Guijie. Except for one of the companies that indicated a consideration of 12 million yuan, the others were all zero consideration.

Before the change of Guangyao Dongfang's company, the shareholding structure was 60% for Li Guibin, 20% for Li Guijie, and 20% for the son of Li Guibin and his ex-wife.After the change, the equity under Li Guibin's name was transferred to Li Guijie's.

Limitation of civil capacity

According to the information on its official website, the reporter sorted out the assets of Guangyao Dongfang's enterprises. Its 22 large properties located in Beijing, Tianjin, Shandong, Hebei and other places are conservatively estimated to be more than 10 billion yuan.

According to insiders, Xu Jun was obviously unaware of the above-mentioned shareholding change process. Xu Jun, who was immersed in the pain of losing her husband at the time, was reminded that the shareholding had changed.Afterwards, Li Guijie took a tough stand and did not pay Xu Jun, mother and son, any money, which led to Xu Jun's filing of multiple lawsuits in Beijing and Shandong.

After the lawsuit was accepted, Xu Jun found out that Li Guibin's signature on several documents was suspected to be forged after a forensic appraisal of the signatures on the relevant documents.The handwriting appraisal opinion issued by Beijing Tianping Judicial Appraisal Center is: to prove that Li Guibin’s signature on the resolution of the shareholders’ meeting on February 3, 2017 and the capital contribution transfer agreement was not written by Li Guibin himself.In the trial of the Shandong case, the agent of the enterprise admitted in court that these signatures were counterfeit signatures.

Regarding Li Guibin's mental state and civil capacity on February 3 and 4, 2017, the Haidian District Court entrusted Beijing Zhongheng Judicial Appraisal Institute to conduct an appraisal. The appraisal opinion issued by the end of September stated that according to the hospitalized medical records and the court'sAccording to the video data, Li Guibin suffered from an organic mental disorder on February 3 and 4, 2017. Due to the influence of the disease, he should be assessed as having limited capacity for civil conduct.

The opinion paper pointed out in the analysis section that when dealing with complex and important matters or making major decisions in this mental state, it is difficult to conduct in-depth and comprehensive thinking, cannot fully protect personal interests, and cannot fully and autonomously make subjective and objective statements.According to the guiding standards for legal capacity appraisal in judicial psychiatry, the expression of knowing is a restriction of civil capacity.

On October 14, 2018, Zhao Wanyi, Dean of the Civil and Commercial Law School of Southwest University of Political Science and Law, said in an interview with our reporter that Article 22 of the General Principles of the Civil Law clearly stipulates that for persons with limited capacity for civil conduct, adults who cannot fully identify their own behavior are artificially restricted.A person with capacity for civil conduct may perform civil juristic acts on behalf of his legal representative or with the consent and ratification of his legal representative, but may independently perform civil juristic acts purely for profit or civil juristic acts commensurate with his intelligence and mental health.

Zhao Wanyi believes that the transfer of equity is obviously a major matter involving major interests, and it is by no means an ordinary civil act. It should be confirmed or ratified by its legal guardian, otherwise the validity of the transfer should not be recognized.

First of all, Li Guijie did not inform his sister-in-law Xu Jun of the shareholding changes after his brother died, and Xu Jun's mother and son did not receive any financial support. Li Guijie's statement during the lawsuit was also very unreasonable.The insider said.As of press time, Li Guijie did not respond to this.

The reporter noticed that on March 3, 2017, the Shandong Securities Regulatory Bureau punished Li Guijie for insider trading.According to the report, Li Guijie used his own account to illegally trade Yaxing Chemical through the reorganization of Yaxing Chemical, which constituted insider trading as mentioned in Article 202 of the Securities Law.Shandong Securities Regulatory BureauLi Guijie will be given an administrative penalty of 30,000 yuan.

Reporters from China Business News will follow up and report on this matter, so stay tuned.