Division of Inherited Property Defense Case | Inheritance Attorney Obtains Dismissal of a Petition for Adjudication on Division of Property

In the client's case, with the passing of his father, he was in a situation of becoming a joint heir together with his younger sibling.

Once inheritance commences, under Article 1013 of the Civil Act, joint heirs may divide the inherited property by agreement at any time.

However, where agreement on the division of the inherited property among the heirs is not reached or fails to be established, a claim for division of the property may be filed with the court under Article 269 of the Civil Act.

Civil Act, Article 269 (Method of Partition)

In the division of inherited property, special benefits can be a central issue.

A special benefit means a gift made during life or a testamentary gift that one of the co-heirs received from the decedent, and its value is deducted from that heir's share of inheritance.

However, Supreme Court precedent provides that whether a benefit is a special benefit is to be determined not by a simple gift but according to the following criteria.

Supreme Court Decision of December 8, 1998, 97Meu513, 520, 97Seu12

The written confirmation prepared during the father's lifetime included the phrase “the commercial building shall belong to the eldest son (the client).”

Regarding this, all parties had completed their handwritten signatures.

In addition, on the grounds that the claimant reconfirmed by text message that he “would follow the father's wishes” after the father's death, the attorney strongly argued that an agreement on the division of inherited property had been reached.

The claimant asserted that the vehicle and cash that the client received as a gift during the decedent's lifetime should be regarded as a special benefit.

The inheritance attorney demonstrated that, since this property was all used for legitimate purposes such as business succession, support for living expenses, and payment of medical expenses, it could not be regarded as a special benefit.

The client had operated his father's shop without pay for a long period and had borne medical expenses and the like.

Accordingly, the inheritance attorney filed, in the alternative, an adjudication on the contributory portion as well, on the ground that even if the court were to recognize the division of inherited property, the client's contribution should be taken into account.

Supreme Court Decision of November 25, 2014, 2012Seu156, 157

This case was not a simple dispute over inheritance shares, but a case in which complex issues were intertwined, such as the lifetime division agreement, the special benefit and contributory portion, and grounds for disqualification from inheritance.

In this way, inheritance disputes often cannot be resolved by legal provisions alone.

Because verbal agreements among family members and various circumstances are intertwined, the lifetime intention, the records of property management, and the validity of a prior agreement must be comprehensively proven.

Therefore, when an inheritance dispute arises or one is sued, it is wise to receive the assistance of an inheritance attorney.

Daeryun, Korea's 9th-ranked law firm (based on 2025 National Tax Service value-added tax filings), operates a dedicated consultation attorney system so that the nature of a case can be quickly grasped, and assigns a specialist attorney according to the type of case.

The firm also responds as a team rather than alone, and supplements its strategy in real time through continuous case monitoring.

Even after a case concludes, it supports a practical return to daily life through ongoing tailored follow-up management.

If an inheritance dispute arises and you are in a situation requiring legal assistance, please feel free at any time to entrust your case through 🔗legal consultation booking.