Oil lawsuit, 1 year statute of limitations and evidence determines the outcome

In recent times in our society, inheritance is no longer a problem only for some wealthy people. Issues such as property disputes between children, the whereabouts of real estate donated during one's lifetime, and whether or not children's contributions to their parents should be recognized are becoming more and more diverse, and related lawsuits are also increasing explosively. In fact, according to the Supreme Court Judicial Yearbook, lawsuits requesting the return of oil have more than tripled in 10 years, from 590 cases in 2012 to 1,872 cases in 2022.

The problem is that as disputes become more routine and complicated, many people are missing the most fundamental key to determining victory or defeat. No matter how intense the emotions or how clear the evidence is, a lawsuit cannot even begin if it does not exceed the ‘time’ threshold set by law. Inheritance disputes often start with emotional conflict, but the legal end is ultimately reached within the ‘legal golden time’ when rights can be exercised.

In lawsuits over reserve, the court strictly examines ‘when the right was exercised’ as well as the legitimacy of the right. Article 1117 of the Civil Code stipulates that the right to claim return of reserved portion must be exercised within one year from the date of commencement of inheritance and the date of knowledge of the gift or bequest that must be returned. This regulation is not a simple period limit, but is the primary gateway to determining whether the exercise of rights is legal. In many cases, the battle over the ‘point of recognition’ rather than the amount of contribution becomes the key issue.

In particular, the standard of ‘not knowing’ is subjective, so objective proof is very difficult. There are many cases where property transfers between families are not documented, and interpretations differ depending on each person's memory only after a dispute occurs. In the end, the court determines whether or not it is recognized by combining various circumstances rather than determining a specific point in time.

Kwak Nae-won, an inheritance lawyer at Daeryun Law Firm, explained, "In this process, it is 'evidence' that determines whether or not you will actually win the case. Even if there is no formal data such as a contract or notarial deed, everyday records such as text messages, account flow, role division among family members, and property management methods serve as a decisive basis for proving the time of recognition. Rather than the fragmentary power of individual data, the core competency of a lawyer is to create a 'logical flow' formed by connecting these circumstances."

He continued, "A recent case is a representative example. When the decedent passed away after gifting real estate to a specific child while alive and leaving an intention to bequeath it, other heirs filed a lawsuit claiming infringement of the reserve. The issue was when the plaintiffs knew about the gift."

Attorney Kwak Nae-won said, "By closely analyzing past text messages and how they managed their assets during their lifetime, we proved that the plaintiffs had already been aware of the gift for a long time. The content of past conversations, which implied that they had already received everything, served as a decisive clue to support the fact of knowledge. The court determined that the plaintiffs filed the lawsuit after the statute of limitations had expired and dismissed all claims."

He went on to say, "The above case shows that a suit for reserve is not simply a matter of contesting whether or not there is more or less property. Regardless of whether the right exists, 'whether it was exercised on time' is a prerequisite for victory. Therefore, in a dispute for reserve, early diagnosis is more important than responding after the fact. The party claiming the right must quickly check the property transfer details immediately after the start of inheritance and calculate the statute of limitations. Conversely, the defending party needs to preemptively secure materials to prove that the other party was already aware of the gift." reported.

Attorney Kwak Nae-won said, "Conversations and records between family members tend to disappear as time passes. If a dispute is expected, related data must be systematically organized. The essence of a lawsuit over retained assets is ultimately 'time and proof.' The approach of logically combining accurate facts and evidence within a short period of one year determines actual victory or defeat."

[View full article]
Oil oil lawsuit, one year statute of limitations and evidence determine the outcome (Shortcut)