Deals & Cases

Division of inherited property
Division of inherited propertyWinning the case (favorable judgment)

Division of Inherited Property Defense Case | Inheritance Attorney Obtains Dismissal of a Petition for Adjudication on Division of Property

The client who requested a consultation on the division of inherited property came to the inheritance attorney after being subjected to a claim for division by their younger sibling, even though they had completed an agreement on the division of property before their father passed away.

1. The Client Who Needed a Defense Against Division of Inherited Property

Example of a defensive response strategy for division of inherited property

The client who requested a consultation regarding division of inherited property was the eldest son who had wholeheartedly supported his father for several years, including hospital treatment, nursing care, and living expenses, during the period when his father was battling cancer.

Recognizing this devotion of the client, the father organized the method of dividing the inherited property during his lifetime and prepared a written confirmation signed by both the client and his younger brother.

However, after the father's death, the younger brother suddenly filed for adjudication on the division of inherited property and raised an issue.

The brother argued that the client had used without authorization the cash withdrawn from the account in the father's name, and also demanded division of the inherited property, claiming that the vehicle and cash previously gifted to the client were likewise a ‘special benefit.’

Bewildered by the brother's unexpected argument, the client requested an attorney's help in order to protect the inherited property.

What Is an Adjudication on Division of Inherited Property?

In the client's case, with the passing of his father, he was in a situation of becoming a joint heir together with his younger sibling.

Once inheritance commences, under Article 1013 of the Civil Act, joint heirs may divide the inherited property by agreement at any time.

However, where agreement on the division of the inherited property among the heirs is not reached or fails to be established, a claim for division of the property may be filed with the court under Article 269 of the Civil Act.

Civil Act, Article 269 (Method of Partition)

① Where an agreement has not been established as to the method of partition, the co-owners may file a claim for partition with the court.

② Where the property cannot be partitioned in kind, or where partition is likely to cause a significant decrease in its value, the court may order an auction of the property.

What Is a Special Benefit in Inherited Property?

In the division of inherited property, special benefits can be a central issue.

A special benefit means a gift made during life or a testamentary gift that one of the co-heirs received from the decedent, and its value is deducted from that heir's share of inheritance.

However, Supreme Court precedent provides that whether a benefit is a special benefit is to be determined not by a simple gift but according to the following criteria.

Supreme Court Decision of December 8, 1998, 97Meu513, 520, 97Seu12

Whether a particular gift made during life constitutes a special benefit must be determined by taking into account the decedent's assets, income, standard of living, and family circumstances during life, and by considering the equity among the co-heirs, that is, by reference to whether the gift made during life can be regarded as giving in advance a part of the share of the inherited property that would go to the person who is to become an heir.


In this case as well, the claimant (the younger sibling) argued that the vehicle and cash that the client received were a special benefit.

The Gangneung inheritance specialized attorney established a strategy to rebut this by arguing that the property in question related to the father's hospital expenses, living costs, and the like, and therefore did not meet the requirements for a special benefit.

2. Response Strategy for Defending Against Division of Inherited Property

Case study of an adjudication petition for division of inherited property




In the adjudication on the division of inherited property, the inheritance attorney constructed a multilayered and comprehensive defense argument that went beyond merely rebutting the assertions of the petitioner (the client’s biological younger sibling).

The Inheritance Attorney's Assistance 1: Proving the Existence of an Agreement on Division of Inherited Property Made During the Decedent's Lifetime

The written confirmation prepared during the father's lifetime included the phrase “the commercial building shall belong to the eldest son (the client).”

Regarding this, all parties had completed their handwritten signatures.

In addition, on the grounds that the claimant reconfirmed by text message that he “would follow the father's wishes” after the father's death, the attorney strongly argued that an agreement on the division of inherited property had been reached.

The Inheritance Attorney's Assistance 2: Defending Against the Special Benefit and Unjust Enrichment Arguments

The claimant asserted that the vehicle and cash that the client received as a gift during the decedent's lifetime should be regarded as a special benefit.

The inheritance attorney demonstrated that, since this property was all used for legitimate purposes such as business succession, support for living expenses, and payment of medical expenses, it could not be regarded as a special benefit.

The Inheritance Attorney's Assistance 3: Pursuing a Preliminary Counterclaim for Contributory Share in Parallel

The client had operated his father's shop without pay for a long period and had borne medical expenses and the like.

Accordingly, the inheritance attorney filed, in the alternative, an adjudication on the contributory portion as well, on the ground that even if the court were to recognize the division of inherited property, the client's contribution should be taken into account.

Supreme Court Decision of November 25, 2014, 2012Seu156, 157

The contributory portion system provided in Article 1008-2 of the Civil Act seeks to promote substantial fairness among co-heirs by taking into account, in calculating the inheritance share, where one of the co-heirs has specially supported the decedent or has specially contributed to the maintenance or increase of the decedent's property, and to that end (…) it must be recognized that the heir specially contributed to the maintenance or increase of the decedent's inherited property.

3. Dismissal of the Claim for Division of Inherited Property: Successful Defense

Successful defense of dismissal of a division of inherited property claim

Accepting the inheritance attorney's arguments in the adjudication on division of inherited property, the court dismissed the claimant's division claim in its entirety for the following reasons.

▷ An agreement on division of inheritance existed during the decedent's lifetime

▷ No other inherited property of the decedent existed

▷ The intent of sole ownership of the commercial building was clear


In addition, since the division of inherited property claim was dismissed, the court concluded the adjudication without ruling on the conditional counter-adjudication claim regarding the contributory portion.

An Inheritance Dispute Requiring an Active Response

This case was not a simple dispute over inheritance shares, but a case in which complex issues were intertwined, such as the lifetime division agreement, the special benefit and contributory portion, and grounds for disqualification from inheritance.

In this way, inheritance disputes often cannot be resolved by legal provisions alone.

Because verbal agreements among family members and various circumstances are intertwined, the lifetime intention, the records of property management, and the validity of a prior agreement must be comprehensively proven.

Therefore, when an inheritance dispute arises or one is sued, it is wise to receive the assistance of an inheritance attorney.

Daeryun's Case Handling System

Daeryun, Korea's 9th-ranked law firm (based on 2025 National Tax Service value-added tax filings), operates a dedicated consultation attorney system so that the nature of a case can be quickly grasped, and assigns a specialist attorney according to the type of case.

The firm also responds as a team rather than alone, and supplements its strategy in real time through continuous case monitoring.

Even after a case concludes, it supports a practical return to daily life through ongoing tailored follow-up management.

If an inheritance dispute arises and you are in a situation requiring legal assistance, please feel free at any time to entrust your case through 🔗legal consultation booking.

Check out video content
related to this case as well.

  1. Case studies on understanding inheritance and gift taxes and utilizing the family business succession system

상속재산분할

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.

Division of inherited property: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

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

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney JiHyun KIM

JiHyun KIM

T. 070-5221-0865

Inheritance lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Attempted Rape | Suspended Sentence Despite Charges of Attempted Rape and Unlawful Confinement

Next

Industrial Accident Fatality | Case Defending Against a Custodial Sentence Despite Three Charges Arising from an Industrial Accident Fatality

View list
Quick Menu

Chat