CONTENTS
- 1. The Client Who Requested an Ulsan Legal Consultation

- - The Circumstances of the Case Identified Through the Ulsan Legal Consultation
- 2. Daeryun's Defense Against the Claim for Return of the Reserved Portion Through the Ulsan Legal Consultation

- - Through the Ulsan Legal Consultation, Arguing That the Client Was Not an Heir
- - Through the Ulsan Legal Consultation, Arguing That Marital Property Had Been Formed
- 3. Through the Ulsan Legal Consultation, Successfully Defending Against the Claim for Return of the Reserved Portion

- - If You Need to Defend Against a Claim for Return of the Reserved Portion, Turn to an Ulsan Legal Consultation
1. The Client Who Requested an Ulsan Legal Consultation
The client who came to Daeryun for an Ulsan legal consultation was facing a claim for return of the reserved portion amounting to 200 million won.
The Circumstances of the Case Identified Through the Ulsan Legal Consultation
The situation of the client who came to the Ulsan attorney is as follows.
The plaintiffs who brought the claim for return of the reserved portion against the client were the children of the deceased husband and his former wife.
In the course of holding their father's funeral and settling the inherited property, the plaintiffs learned that the client had received, by gift, an apartment located in Ulsan that had been the father's only property.
The plaintiffs argued that this Ulsan apartment was also property forming the basis for calculating the reserved portion, and that the client had infringed the plaintiffs' reserved portion, and on this basis they brought a claim for return of the reserved portion totaling 200 million won.
The Claim for Return of the Reserved Portion Examined Through the Ulsan Legal Consultation
What is a claim for return of the reserved portion?
The reserved portion refers to a certain part of the inherited property that is reserved by law for certain heirs.
A holder of the reserved portion whose reserved portion has been infringed by the decedent's gift or testamentary gift may, for the purpose of securing a minimum livelihood and an equitable distribution of the inheritance, bring a claim for return of the reserved portion seeking the return of that property to the extent of the shortfall.
The person who received a testamentary gift or gift in infringement of one's reserved portion becomes the opposing party in the claim for the reserved portion.
Holders of the Reserved Portion and the Reserved Portion Ratios
Civil Act, Article 1112 (Holders of, and the Reserved Portion). The reserved portion of an heir shall be as set out in the following subparagraphs.
1. For a lineal descendant of the decedent, one-half of his or her statutory share of inheritance
2. For the spouse of the decedent, one-half of his or her statutory share of inheritance
3. For a lineal ascendant of the decedent, one-third of his or her statutory share of inheritance
4. For a sibling of the decedent, one-third of his or her statutory share of inheritance
2. Daeryun's Defense Against the Claim for Return of the Reserved Portion Through the Ulsan Legal Consultation
Through the Ulsan legal consultation, Daeryun formed a handling team of attorneys specializing in inheritance related to the return of the reserved portion and assisted with the overall procedures of the litigation.
Through the Ulsan Legal Consultation, Arguing That the Client Was Not an Heir
The client had divorced two years before the husband's death, so the client is not an heir of the deceased.
In addition, the gift of the Ulsan apartment real estate in this case was a gift made as much as ten years earlier, not immediately before the deceased's death.
The Ulsan attorney clearly set out the relationship between the client and the deceased, as well as the factual circumstances of the gift of the Ulsan apartment real estate.
Through the Ulsan Legal Consultation, Arguing That Marital Property Had Been Formed
Through the Ulsan legal consultation, Daeryun argued that the client had not infringed the plaintiffs' reserved portion.
The client had devoted herself to the deceased and the plaintiffs throughout her life.
At the time the deceased and the client married, the deceased was already 65 years of age and was entirely unable to engage in economic activity.
On behalf of the elderly and ailing deceased, the client took on all economic activity, and she supported the plaintiffs, the children of the deceased's former wife, raising them until they left to start their own families.
The deceased, grateful that the client, who was his spouse at the time, had devoted her life to the family and children and had borne all living expenses, gave her the Ulsan apartment as a fulfillment of his duty of support in order to provide for the client's old age.
In addition, the client fulfilled her responsibility for the maintenance and formation of the marital property by, among other things, repaying on behalf of the deceased a mortgage-secured debt taken out for the plaintiffs' marriage funds and releasing an attachment placed on the Ulsan apartment real estate in connection with the deceased's debt.
The Daeryun Ulsan attorney argued that this Ulsan apartment was, in its meaning, compensation for a lifetime of support and assistance and a settlement of the marital property, and could not be regarded as inherited property given in advance.
3. Through the Ulsan Legal Consultation, Successfully Defending Against the Claim for Return of the Reserved Portion
As a result of the Ulsan attorney's assistance, the court reached the following judgment.
-The gift of the real estate in this case was an act carried out not for the purpose of preventing the deceased's biological children, the plaintiffs, from inheriting property shortly before his death, but rather as compensation for the client's continued economic devotion and support toward the deceased and the plaintiffs, the children of the deceased's former wife, and in the sense of settling the marital property.
-The client is to pay 20 million won, one-tenth of the 200 million won claimed by the plaintiffs in the claim for return of the reserved portion.
If You Need to Defend Against a Claim for Return of the Reserved Portion, Turn to an Ulsan Legal Consultation
Through the Ulsan legal consultation, the client was able to defend against the claim for return of the reserved portion, reducing it to one-tenth of the amount.
Inherited property exists in various forms, such as real estate, claims, and shares, and because the calculation of the reserved portion is very complex depending on the timing of gifts and whether the property has been disposed of, it is best to obtain the help of an attorney specializing in inheritance.
Daeryun Law Firm handles various disputes and litigation through a one-stop system for stable inheritance matters.
If you need legal assistance related to inheritance, please turn to an Ulsan legal consultation at Daeryun Law Firm.

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