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Claim for Return of the Reserved Portion
Claim for Return of the Reserved PortionFavorable Judgment

Gangneung Legally Reserved Portion Attorney Assistance Case | Gangneung Attorney Who Argued a Shortfall in the Reserved Portion and Achieved Its Return

The client had had the legally reserved portion infringed by a younger brother. The client requested legal assistance from a Gangneung attorney in order to claim the return of the reserved portion.

1. The Client Who Sought a Gangneung Legally Reserved Portion Attorney

The client, despite being the eldest daughter, was excluded from part of the inheritance following the father's death.

Having realized this only belatedly, the client sought to receive a rightful inheritance through a claim for the return of the reserved portion.

Needing legal assistance in this process, the client visited the Gangneung branch office and requested a consultation with an attorney.

Gangneung Legally Reserved Portion Attorney - Claim for Return of the Reserved Portion

How the Client Came to Seek a Gangneung Legally Reserved Portion Attorney

The client came to inherit upon the father's death.

In the course of this, the client learned only belatedly that the younger brother had taken a larger share of the inheritance than the client, who had cared for the father throughout his life.

As it turned out, the client had been intentionally excluded from the inheritance by the younger brother.

The client therefore decided to claim the return of the reserved portion against the younger brother and came to the Gangneung branch office to seek an attorney.

The Legally Reserved Portion, Explained by a Gangneung Legally Reserved Portion Attorney

The legally reserved portion refers to a certain portion of the inherited property that must, by law, be left for certain heirs.

In other words, it can be described as the proportion of the estate that surviving family members may receive under the law, regardless of the wishes of the deceased.

If there was a disadvantage in the course of receiving an inheritance, one should assert the legal right to the reserved portion in order to receive a rightful inheritance.

The Lawsuit to Claim the Return of the Reserved Portion, Explained by a Gangneung Legally Reserved Portion Attorney

Under the Civil Act, a certain portion of the inheritance, the legally reserved portion, is protected as the share of statutory heirs, so if the reserved portion has been infringed, one may file a 🔗Lawsuit to Claim the Return of the Reserved Portion.

At this point, one must first confirm whether one is a person entitled to the reserved portion.

Those entitled to the reserved portion are the *lineal descendants, the spouse, and the *lineal ascendants of the deceased.

Lineal descendants rank first, and their reserved portion is 1/2 of the statutory inheritance share, while the reserved portion of lineal ascendants, who rank second, is 1/3 of the statutory inheritance share.

It should be noted at this point that if there is a first-rank heir, second-rank heirs cannot exercise the reserved portion.

The method for calculating the precise amount of the reserved portion is as follows.

(Positive inherited property + amount of gifts – inherited debts) × (each heir's reserved portion ratio) – amount of special benefit received

* Lineal descendant : A lineal descendant means "a person of a lower generation than oneself," including biological children, grandchildren, great-grandchildren, and the like.

* Lineal ascendant : This includes parents, grandparents, great-grandparents, great-great-grandparents, and the like.

2. The Assistance Provided by the Gangneung Legally Reserved Portion Attorney

The Gangneung legally reserved portion attorney examined the property the client had inherited and the list of the father's property.

The attorney then argued as follows that a shortfall had arisen in the client's reserved portion.

Gangneung Attorney Gathered the List of Inherited Property and Other Materials and Submitted Them as Legal Grounds

To argue that the client's reserved portion had been infringed, the attorney collected and analyzed the list of inherited property, the list of gifts, and other materials.

The attorney then submitted the analyzed grounds and firmly argued that a shortfall had arisen in the client's reserved portion.

Gangneung Attorney Argued That the Defendant Must Return the Shortfall

Through the defendant, the client had part of the reserved portion infringed.

In addition, because the defendant had obtained a special benefit exceeding the reserved portion, the attorney argued that the defendant must return property corresponding to it to the plaintiff.

3. The Result of the Gangneung Legally Reserved Portion Attorney's Assistance, Return Achieved

As a result of the Gangneung legally reserved portion attorney's dedicated assistance, the court ordered the defendant to return the infringed reserved portion.

The Gangneung Legally Reserved Portion Attorney's Case Notes

The case above was an instance in which the client, having had the reserved portion infringed by a younger brother and wishing to take legal action, sought assistance from a 🔗Gangneung Attorney.

At Daeryun Law Firm, assistance is provided across every stage, from confirming entitlement to the reserved portion to calculating and claiming it.

In addition, any related cases that arise in this process are also handled in collaboration with experts in each field.

If you need a lawsuit to claim the return of the reserved portion as in the case above, please feel free to use the 🔗Legal Consultation Booking at any time.

강릉유류분변호사

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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Attorney DaeSu KIM

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Inheritance lawyer

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