Deals & Cases
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.

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.
* 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.

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.
Claim for Return of the Reserved Portion: Want a faster, more detailed consultation?
Consult aspecialized attorney
Related Information
Explore legal information related to this case.
The Inheritance Procedure, the Scope of Heirs, and What Documents Are Required for Filing?
How Are the Subjects of a Claim for the Reserved Portion and the Method of Calculation Determined?
Requirements for Recognizing a Contributory Portion in Inheritance: What If a Dispute Arises Among Co-heirs?
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View more- Decision
Through an Ulsan Legal Consultation, a Claim for the Reserved Portion of 200 Million Won Is Defended Down to 20 Million Won

- Successful mediation (conciliation established)
A Dedicated Reserved Portion Attorney Who Obtained the Reserved Portion of Real Estate

- Winning the case (favorable judgment)
Successful Recovery of the Legally Reserved Portion With the Assistance of an Anyang Inheritance Attorney
![[Anyang Inheritance Attorney Favorable Judgment] Successful Recovery of the Legally Reserved Portion With the Assistance of an Anyang Inheritance Attorney link](/_next/image?url=%2Fimages%2Fseo_v2%2Fcircle_arrow.webp&w=48&q=75)
Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreAssessing the Requirements for a Claim to Return the Reserved Portion: The Procedure and How to Secure Evidence

Inheritance and Gift: The Concepts and How to Calculate and File Inheritance Tax and Gift Tax

Proposed Tax Law Amendments: Reasons for the Amendments and Key Amended Provisions

Guide to the Procedure for Applying for an Adult Guardian: How Do You Prepare the Documents?

Renunciation of Inheritance and Qualified Acceptance, Explained by an Attorney Handling Renunciation of Inheritance

Previous
Gwangju Sexual Molestation Attorney Assistance Case | Gwangju Sexual Molestation Attorney, Non-Prosecution for a Client Charged With a Forcible Indecent Act
Next
Uijeongbu Real Estate Attorney Assistance | Lease Deposit Return Lawsuit Won With the Assistance of a Uijeongbu Real Estate Attorney
View listDo you have more questions?














