Ulsan Legal Consultation | Through an Ulsan Legal Consultation, a Claim for the Reserved Portion of 200 Million Won Is Defended Down to 20 Million Won

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.

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

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, 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.

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.