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Return of the legally reserved portion, etc.
Return of the legally reserved portion, etc.Winning the case (favorable judgment)

Legally Reserved Portion Return Lawsuit Case | The Claim for Return of the Legally Reserved Portion Was Granted

The client who came seeking to proceed with a lawsuit for the return of the legally reserved portion, in a situation where the legally reserved portion had been infringed due to a prior gift, came to an inheritance attorney with extensive experience in legally reserved portion lawsuits and requested assistance.

1. The Client Who Filed a Legally Reserved Portion Return Lawsuit

Circumstances of filing a lawsuit for return of the legally reserved portion, case study



This is a case in which a client who came to proceed with a lawsuit for return of the legally reserved portion, through the assistance of an inheritance attorney, had his contribution to support as the eldest son recognized and was able to recover the legally reserved portion.

Background of the Infringement of the Legally Reserved Portion

The client, the eldest son of four siblings, devoted himself to his family and personally supported his parents for decades.

However, before her death, the mother gifted all of the land she owned to the youngest child.

As a result, the client did not inherit any property and was in a situation where his legally reserved portion had been infringed.

The client, who wished to pursue a lawsuit for the return of the legally reserved portion, came to the inheritance attorney and requested assistance.

2. Information to Know for a Legally Reserved Portion Return Lawsuit

The legally reserved portion that is the subject of the claim in a lawsuit for the return of the legally reserved portion refers to a certain portion of the inherited property that the person who received the inheritance may not dispose of freely and that must, by law, be reserved for certain heirs.

As in the client's case, where an inheritance is given only to some heirs through prior gifts or a will, the inherited property may not be transferred to the remaining heirs.

To prevent such unfairness and to guarantee the livelihood of heirs, the Civil Act recognizes the legally reserved portion system.

Holders of the Legally Reserved Portion and the Reserved Portion Ratio

The persons who hold a legally reserved portion are heirs who are lineal descendants, lineal ascendants, or the spouse of the decedent.

The respective ratios of the legally reserved portion for those entitled to it are as follows.

Person Entitled to the Legally Reserved Portion

Ratio of the Legally Reserved Portion

Lineal descendant of the decedent

Statutory inheritance share × 1/2

Lineal ascendant of the decedent

Statutory inheritance share × 1/3

If the decedent has a spouse, that spouse holds the right to a legally reserved portion together with the first-priority lineal descendants or the second-priority lineal ascendants, and the ratio of the legally reserved portion is 1/2 of the statutory inheritance share.

3. Assistance for a Legally Reserved Portion Return Lawsuit

Case study on the method of calculating the legally reserved portion in a lawsuit for return of the legally reserved portion



For the lawsuit for return of the legally reserved portion, the inheritance attorney analyzed the situation of infringement of the client's legally reserved portion and established a clear strategy of proof for the issues expected to be contested.

In particular, the attorney meticulously calculated the timing of the gift and the value of the property, the statutory share of inheritance of the heir, and the rate of the legally reserved portion, and secured evidentiary materials so as to take a favorable position in the lawsuit.

Inheritance Lawyer's Assistance 1: Proving the Infringement Caused by the Prior Gift

The inheritance attorney proved, through various materials such as the real estate registration certificate and financial transaction records, that the mother had gifted all of her property to the defendant during her lifetime.

Based on this, the attorney determined the property serving as the basis for calculating the legally reserved portion under Article 1113 of the Civil Act and presented in figures that the client's legally reserved portion had been infringed, leading the court to its determination.

Article 1113 of the Civil Act (Calculation of the Legally Reserved Portion)

(1) The legally reserved portion shall be calculated by adding the value of gifted property to the value of the property held by the decedent at the commencement of inheritance and deducting the full amount of debts.

(2) For conditional rights or rights of an indefinite duration, the value shall be determined by the appraisal of an appraiser appointed by the family court.

Inheritance Lawyer's Assistance 2: Arguing the Client's Contribution to Support and Equity

For decades, the client had directly supported the client's mother, performing practical caregiving roles such as accompanying her to the hospital and bearing her living expenses.

To prove this, the following materials were submitted.


∙ Medical records

∙ Hospital bill receipts

∙ Records of conversations among family members


The inheritance attorney did not stop at merely asserting infringement of the legally reserved portion, but emphasized that the inheritance distribution was inequitable in light of the client's contribution to support and role within the family.

Inheritance Lawyer's Assistance 3: Organizing the Scope of the Claim and the Conversion Procedure

In the case of a claim for the return of the legally reserved portion, the process of specifically calculating and claiming the amount or proportion to be returned is important, not merely establishing the fact that the legally reserved portion was infringed.

Based on the total value of the property serving as the basis for calculating the legally reserved portion, as well as the client's statutory share of inheritance and the rate of the legally reserved portion, the inheritance attorney precisely calculated the monetary value of the shortfall in the legally reserved portion.

4. Result of the Legally Reserved Portion Return Lawsuit: ‘Granted in Full’

A case study in which a claim for a legally reserved portion was fully granted



Taking comprehensive account of the calculation of the legally reserved portion and the supporting materials regarding the fact of the gift, which the inheritance attorney submitted, the court fully granted the client's claim for the legally reserved portion.

As a result, the client was able to recover from the defendant property amounting to the share of the legally reserved portion.

If Your Legally Reserved Portion Has Been Infringed

An infringement of the legally reserved portion can develop, beyond a mere inheritance dispute, into a sensitive conflict surrounding trust among family members and legal rights.

At Law Firm Daeryun, we accurately analyze the type of inheritance, the circumstances of the gift, the family relationships, and other matters, and present a direction for resolution from the initial consultation stage.

In addition, rather than a sole response, we proceed with focused analysis of the key issues and the establishment of a strategy through continuous case monitoring on a team basis.

Moreover, we provide comprehensive assistance even on complex issues such as real estate, family relationships, and tax matters.

If legal assistance is needed to realize your rights, please feel free to entrust your case at any time through a 🔗legal consultation reservation.

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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 Naewon Kwak

Naewon Kwak

T. 070-5117-2950

Judge of Daejeon District Court, Gongju Branch, Household Affairs Division, Suwon District Court, Judge of Household Affairs Division, Suwon District Court

Attorney HyunSu KIM

HyunSu KIM

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lawyer specializing in domestic affairs

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