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Deals & Cases

Lawsuit for Return of the Legally Reserved Portion

[Seoul Inheritance Attorney Favorable Judgment] Successful Recovery of the Legally Reserved Portion With the Help of Daeryun's Seoul Inheritance Attorney

This is the account of a client who retained Daeryun Law Firm's Seoul inheritance attorney to handle a lawsuit for return of the legally reserved portion.

CONTENTS
  • 1. The Client Who Came to the Seoul Inheritance Attorney
    • - How the Client Came to Proceed With the Lawsuit With the Seoul Inheritance Attorney
  • 2. The Case as Viewed by the Seoul Inheritance Attorney
  • 3. The Client Recovers the Legally Reserved Portion With the Assistance of the Seoul Inheritance Attorney

1. The Client Who Came to the Seoul Inheritance Attorney

The client, who wished to proceed with a lawsuit for return of the legally reserved portion with the Seoul inheritance attorney, came to Daeryun Law Firm.

How the Client Came to Proceed With the Lawsuit With the Seoul Inheritance Attorney

The client in this case, who came to the Seoul inheritance attorney, was a grandchild of the deceased, and the client's parents had both passed away.

Although the deceased had spoken about his property several times during his lifetime, after the funeral the client received not a single won of inherited property.

This was because, before the deceased, who had dementia, passed away, the client's maternal uncle had changed all of the real estate registered in the deceased's name into the uncle's name.

However, the client was not well acquainted with the exact share of inheritance to which the client was entitled or with the legal procedures, and the client needed the assistance of a professional, such as an inheritance attorney, to help with a lawsuit claiming the legally reserved portion.

The client therefore came to Daeryun Law Firm's Seoul inheritance attorney.

The Lawsuit for Return of the Legally Reserved Portion as Explained by the Seoul Inheritance Attorney

  • Legally reserved portion

A fixed portion of the inherited property that the person receiving the inheritance may not dispose of freely and that must, by law, be reserved for certain heirs

  • Right to claim return of the legally reserved portion (Civil Act Article 1115 (1))

The right of a holder of the legally reserved portion to claim return of the property, to the extent of the shortfall, when a shortfall in that legally reserved portion arises due to a gift or testamentary gift by the decedent

  • Holders of the legally reserved portion (Civil Act Article 1112, Article 1000 (3), Article 1118)

The decedent's lineal descendants, lineal ascendants, or spouse (siblings excluded)

A fetus and an heir by representation also hold the right to the legally reserved portion

  • The legally reserved portion of each holder (Civil Act Article 1112)

Order

Holder of the legally reserved portion

Reserved portion rate

1

The decedent's lineal descendants (children, grandchildren, and the like)

1/2 of the statutory share of inheritance

2

The decedent's spouse

1/2 of the statutory share of inheritance

3

The decedent's lineal ascendants

1/3 of the statutory share of inheritance

※ Exclusion of siblings from payment of the legally reserved portion

On April 25, 2024, the Constitutional Court unanimously rendered a decision of unconstitutionality regarding Article 1112, subparagraph 4 of the Civil Act, which had included siblings among the heirs entitled to the legally reserved portion, and the provision lost its effect. The Constitutional Court determined that it was difficult to find a reasonable basis for granting the right to the legally reserved portion when a contribution to the formation of the inherited property or an expectation regarding the inherited property is scarcely recognized. (Previously, siblings were guaranteed 1/3, the same as parents.)

  • Extinctive prescription of the right to claim return of the legally reserved portion (Civil Act Article 1117)

Within 1 year from the time the holder of the legally reserved portion becomes aware of the commencement of the inheritance and of the fact that a gift or testamentary gift subject to return was made

When 10 years have elapsed from the time the inheritance commenced

2. The Case as Viewed by the Seoul Inheritance Attorney

Daeryun Law Firm's Seoul inheritance attorney first carefully investigated the property the deceased had owned during his lifetime and the deceased's property whose title the client's maternal uncle had changed.

The Seoul inheritance attorney then calculated the amount of the legally reserved portion to which the client was entitled and proceeded with a lawsuit for return of the legally reserved portion in order to recover it.

During the litigation, the client's maternal uncle argued that he had specially supported the deceased and had contributed to maintaining and increasing the deceased's property.

Daeryun Law Firm's Seoul inheritance attorney established all of the grounds to rebut this argument.

3. The Client Recovers the Legally Reserved Portion With the Assistance of the Seoul Inheritance Attorney

The court accepted the pleadings of Daeryun Law Firm's Seoul inheritance attorney and rendered a judgment ordering that most of the amount claimed by the client be returned.

Having obtained a favorable judgment in the lawsuit for return of the legally reserved portion with the help of the Seoul inheritance attorney, the client, who was now able to protect his rights, expressed gratitude and said that a weight had been lifted.

If you are facing a situation similar to the case above, you may retain Daeryun Law Firm's Seoul inheritance attorney.

Daeryun Law Firm Seoul inheritance attorneys commit to doing their best to help clients recover their rights.

[서울상속전문변호사 승소] 대륜 도움으로 유류분 반환 성공

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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