Deals & Cases

Division of inherited property
Division of inherited propertyFavorable judgment

Inheritance Division Ratio | Claim for Division of Inherited Property, Case in Which the Client's Requested Ratio Was Recognized

The client who requested a consultation regarding the inheritance division ratio came to an inheritance attorney seeking a share of the inherited property of a deceased spouse.
The inheritance attorney obtained a favorable judgment.

1. The Client Who Requested a Consultation on the Inheritance Division Ratio

The circumstances of the client who requested a consultation regarding the inheritance division ratio are as follows.

Inheritance Division Ratio, Background of the Case

The client married her spouse, Mr. A (hereinafter referred to as the decedent), and maintained the marital relationship for approximately 20 years.

The decedent already had two children before remarrying the client, and the client entered into the marital relationship with knowledge of this fact.

Throughout the marriage with the decedent, the client lived and worked together on the decedent's farmland.

In this process, the client took charge of tasks such as managing crops, inspecting related machinery, and ordering crops, thereby contributing to the maintenance and increase of the decedent's property.

In addition, for more than five years until the decedent's death, the client devotedly supported the decedent by caring for him during his illness.

Upon his death, the decedent left inherited property worth approximately 1 billion won, including the farmland.

The client wished to have her one-third share of the 1 billion won recognized, but the decedent's children (hereinafter referred to as the defendants) asserted that some of the farmland and the building in which the client lived belonged to them and that they could not acknowledge any share in such property.

Accordingly, the client requested the assistance of an inheritance attorney in order to have her legitimate share in the inheritance division ratio recognized.

An Inheritance Attorney's Assistance in Securing Recognition of the Inheritance Division Ratio

1) Assertion That No Agreement on the Division of Inherited Property Was Reached

The plaintiffs asserted that an agreement on the division of inherited property had already been reached, on the ground that the client had consented to a method involving the payment of a certain amount of cash to her.

In response, the inheritance attorney rebutted this on the ground that the proposal in question was not a final agreement but merely a temporary exchange of opinions regarding the method of division, and that the specific scope of the property and its precise value had never been presented to the client.

The attorney further emphasized that a valid agreement on the division of inherited property could not be established while property whose objective market value had not been reflected was included.

2) Assertion Seeking Recognition of a Contributory Portion

The plaintiffs asserted that the client had made no special contribution to the formation of the inherited property.

In response, the inheritance attorney proved, through the farmland register and records of cultivation-related expenditures, that the client had directly engaged in farming on the decedent's farmland over a long period and had been involved in maintaining the property, and specifically proved, through medical records and written confirmations from people around her, that she had cared for the ailing decedent for several years and had taken responsibility for his daily life as a whole.

On this basis, the attorney asserted that the client had substantially contributed to the maintenance and increase of the inherited property and that a corresponding division ratio should be recognized.

3) Rebuttal of the Improper Assertion Regarding the Scope of the Inherited Property

The plaintiffs asserted that the building in which the client resided and some of the farmland were not inherited property but belonged to them, and therefore should be excluded from the subject of division.

In response, the inheritance attorney pointed out, through objective materials such as certified copies of the register, that the building in question was not registered under the decedent's name or was registered under the name of a third party, and that no materials existed to indicate that any transfer of ownership or gift had taken place.

On this basis, the attorney rebutted that the plaintiffs' assertion was nothing more than an attempt to arbitrarily narrow the scope of the inherited property, and that the property subject to division should be specified anew in accordance with legal standards.

2. Inheritance Division Ratio, the Client Who Had One-Third Recognized

The court recognized that it was difficult to find that the agreement on the division of inherited property asserted by the plaintiffs had been conclusively reached, and that the client had substantially contributed to the maintenance and increase of the decedent's property.

The court also declined to accept the plaintiffs' assertion that some of the farmland and the building should be excluded from the inherited property, and determined that the division of inherited property should be carried out on the basis of the entire property, including that property.

As a result, the client was able to have a one-third share in the entire inherited property recognized.

With the assistance of the inheritance attorney, the client was able to obtain an outcome in which a legitimate inheritance division ratio was recognized.

3. Inheritance Division Ratio, Property Subject to Division

Inheritance Division Ratio

When determining the inheritance division ratio, in principle all inherited property is subject to it.

Property jointly owned by co-heirs may be divided into each person's share, and it is valued on the basis of the value at the time of division or at the time of adjudication.

Property Not Subject to Division

Property that is divisible in nature, such as money, as well as claims and debts, vests in each heir as a matter of course according to the statutory inheritance shares immediately upon the commencement of inheritance.

Because such property is deemed to have already been divided without undergoing a separate agreement or adjudication, it is, in principle, not included in the subject of the division of inherited property.

4. Inheritance Division Ratio, Points to Note and Response Strategies

When determining the inheritance division ratio, caution is required because failing to properly organize the scope and value of the property subject to division may lead to an unfavorable outcome.

In particular, during the process of division by agreement, overlooking whether all of the heirs have consented, the existence of property to be excluded from the subject of division, or debts and deductible items may cause disputes to become prolonged or result in a situation in which rights are not fully recognized.

The Inheritance Attorney's Strategy

The inheritance attorney first organizes the scope of the heirs and the scope of the inherited property in accordance with legal standards.

Thereafter, the attorney clearly distinguishes between the property subject to division and the property to be excluded, and reviews the value of the property together with debt relationships in order to organize the issues of the litigation.

Furthermore, the attorney organizes materials and presents them to the court so that a determination regarding whether a contributory portion should be recognized and regarding the division ratio can be made, and establishes a response strategy throughout the adjudication or litigation proceedings.

If a dispute over the inheritance division ratio is anticipated, it may be helpful to arrange a 🔗legal consultation reservation in order to review the appropriate course of response for the matter and to develop a concrete strategy.

상속재산분할비율 | 상속재산분할 청구, 원하는 비율 인정받은 의뢰인 사례

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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