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

Wonju Legally Reserved Portion Attorney Case | A Wonju Attorney Claims the Legally Reserved Portion and Has 290 Million Won Granted

The client's legally reserved portion was infringed by a stepsibling. To recover the legally reserved portion through legal measures, the client sought out a Wonju attorney.

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

After the client's mother passed away, the client belatedly learned that her legal right to inherit had been infringed.

The stepsiblings had taken the entire inheritance from the mother.

The client therefore claimed infringement of the legally reserved portion and sought out a Wonju legally reserved portion attorney to pursue a legal response.

Wonju Legally Reserved Portion Attorney - Inheritance

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

The circumstances of the client's case, as understood by the attorney, are as follows.

When the client's mother passed away, the client confirmed that the mother's inheritance share had gone to the stepsiblings.

Although the client had been responsible for the mother's care all along, she could not help feeling aggrieved that the stepsiblings had taken the inheritance.

In particular, the stepsiblings claimed the inheritance on the ground that they had provided the care. In response, the client resolved to file a legal claim and sought out a Wonju legally reserved portion attorney.

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

The legally reserved portion is a legal right under which a certain part of the inherited estate must be left to an heir.

In other words, there is a minimum inheritance share that is guaranteed by law to those who inherit, regardless of the deceased's intentions.

If a legal right is infringed in the course of inheritance, it may be recovered through a claim for return of the legally reserved portion.

The Lawsuit for Return of the Legally Reserved Portion, Explained by a Wonju Legally Reserved Portion Attorney

A 🔗lawsuit for return of the legally reserved portion is a lawsuit under the Civil Act to secure a certain part of the inheritance share for a statutory heir.

To pursue this, you must first confirm whether you have the right to claim a legally reserved portion.

Those who may claim a legally reserved portion are the decedent's lineal descendants, spouse, and lineal ascendants, among whom lineal descendants may claim a legally reserved portion as the first priority.

The exact amount of the legally reserved portion must be calculated by comprehensively considering the inherited estate, the amount of gifts, inheritance debts, and other factors.

2. The Wonju Legally Reserved Portion Attorney's Assistance

The attorney carefully examined the property the client had inherited and the list of the mother's assets, then prepared materials to prove that the stepsiblings had received the inheritance unfairly.

In order to clearly prove that the client's legally reserved portion had been infringed, the attorney made the following arguments.

Wonju Attorney Argues That the Defendant Is a Special Beneficiary

The attorney established that the defendant (the client's stepsibling) had already received real estate as a gift from the deceased mother before her death, and on that basis argued that the defendant was a special beneficiary.

Wonju Attorney Argues That the Prior Gift Infringed the Client's Legally Reserved Portion

The attorney strongly argued that, because the defendant had acquired property exceeding this special-benefit share at the time of inheritance, the client's legally reserved portion had been infringed.

3. The Result of the Wonju Legally Reserved Portion Attorney's Assistance: 290 Million Won Granted

With the attorney's thorough legal assistance, the court ordered the defendant to return 290 million won, which was 95% of the amount claimed.

The client was able to recover the loss caused by the infringement of the legally reserved portion.

The Wonju Legally Reserved Portion Attorney's Case Notes

This is a case in which a client whose legally reserved portion had been infringed sought out a 🔗Wonju attorney for legal assistance.

At Daeryun Law Firm, we assist with a range of legal procedures, from claims for return of the legally reserved portion to analysis of the inherited estate and court litigation, protecting clients' rights.

If you are facing difficulties in a legal dispute relating to the legally reserved portion, please feel free to request a consultation at any time through 🔗legal consultation booking.

원주유류분변호사

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 YoonJoong KIM

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lawyer specializing in domestic affairs

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HyoSang SHIN

T. 070-7510-2014

Inheritance lawyer

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