2. The real estate listed in the separate sheet No. 1 and the deposit claims listed in the separate sheet No. 2 shall be divided into those owned by the claimant.

3. The claimant shall pay to the other party 144, 538, 450 won and the above amount at the rate of 5% per annum from the day following the day this judgment becomes final and conclusive to the day of full payment.

4. The cost of a trial shall be borne by each person.

100% shall be determined by 100%. Each inherited property listed in the separate sheet 1 and 2 shall be divided as owned by the claimant.

A. On May 24, 2008, the inheritee married with the other party, and there is no child among them.

B. The decedent died on March 27, 2013, and his/her inheritor is the mother’s claimant and the other spouse.

C. At the time of death, the decedent owned the real estate listed in the [Attachment 1] list and the deposit claims listed in the [Attachment 2] list (total amount of KRW 257,91, 392) at the time of death.

[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, the new bank, and the result of each order to submit financial transaction information, the results of the reply, and the purport of the whole examination

2. Determination as to a claim for division of inherited property and a claim for determination of a contributory portion

(a) The confirmation of the inheritor and statutory inheritance shares;

According to the above facts of recognition, the claimant and the other party are co-inheritors of the inheritee, and the statutory share of inheritance is 2/5 shares as the lineal ascendant of the inheritee, and 3/5 shares as the other party as the spouse of the inheritee.

(b) Scope of inherited property subject to division;

According to the above facts of recognition, real estate listed in the attached list 1 and each deposit claim listed in the attached list 2 (hereinafter "the inherited property of this case") owned by the decedent at the time of the death of the decedent is subject to division of the inherited property of this case.

C. Determination as to the claimant’s claim for entitlement to a contributory portion

The claimant asserts that since the claimant has made a special contribution to the maintenance or increase of the inherited property of the inheritee while living together with the inheritee, he should set the contributory portion of the claimant's contributory portion for the inherited property of the inheritee as 100%.

The entitlement to a contributory portion system prescribed in Article 1008-2 of the Civil Act intends to promote substantial fairness among co-inheritors by considering the calculation of the entitlement to a contributory portion in a case where the co-inheritors specially supported the inheritee, or specially contributed to the maintenance or increase of the inheritee’s property. Therefore, in order to recognize a entitlement to a contributory portion, it should be recognized that the co-inheritors specially supported the inheritee or specially contributed to the maintenance or increase of the inheritee’s property as much as it is necessary to adjust the entitlement

Comprehensively taking account of the overall purport of the examinations of evidence Nos. 1 through 16, Eul evidence Nos. 5, 8, 10, and 11 (including each number), the claimant, as the mother of the inheritee, was married with the other party on May 24, 2008, while the inheritee was married with the other party on the other party, the period of actual life with the other party is less than six months, and the other party was less than six months, in Korea, the inheritee was living with the other party in Korea, and the other party was living separately in the Republic of Korea; the claimant was the Seoul * * * ○○* * * * * * * 140,00 won out of the lease deposit received from the inheritee * 201,000 won out of the lease deposit paid to the inheritee 140,860,000 won out of the sale price of real estate.

5.9. 1 and 7 million won and 10 million won are paid on May 2, 2012, which contributed to the formation of financial assets listed in the attached Table 2 list. The claimant contributed directly to the increase of the property of the inheritee by investing in real estate, purchasing financial instruments, etc. while leading the inheritee's payment for over 20 years. The other party also contributed to the maintenance of the inheritee's property, such as the burden of basic living expenses while living with the inheritee. The other party paid living expenses, etc. to the inheritee for 5 years after marriage. The other party did not contribute to the property of the inheritee, such as the total amount of 13.6 million won. In full view of the above facts, it is reasonable to deem that the claimant has specially contributed to the maintenance and increase of the inherited property of this case, and considering the various circumstances revealed in the examination of this case including the amount of inherited property, and the method and degree of contribution, it is reasonable to determine the ratio of the contributory portion by 70% of the inherited property of this case.

D. The specific portion of inheritance for the inherited property of this case is as follows, considering the heir’s entitlement to a contributory portion recognized to the claimant for calculation of a specific share of inheritance.

0 : A 82/100 ( = (1- contributory portion 70%) 】 2/5 + 70% of the contributory portion) equity: 18/100 ( = (1 ? 70% of the contributory portion) X3/5) equity

(e) Method of subdivision;

In view of the following: (a) on the premise that the contributory portion of the claimant’s contributory portion is recognized as 100%, the claimant claims the division of the inherited property of this case into the sole ownership of the claimant; (b) the other party does not raise any objection to the method of settlement in cash from the claimant; (c) the appraisal between the claimant and the other party is aggravated; and (d) there is a high possibility of another dispute if the inherited property is divided by equity; and (b) the claimant manages the inherited property of this case and the 82/100 shares are recognized by the specific inheritance portion of the claimant, it is reasonable for the claimant to separately own the real property

F. Sub-decision

Therefore, the inherited property of this case is divided into the claimant's sole ownership of the inherited property. The claimant is obligated to pay to the other party for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the day when the judgment is finalized to the day of full payment with respect to the amount of liquidation of inherited property, i.e., 144, 538, 450 won [the value of the inherited property of this case 802, 91, 392 won [the value of the inherited property of this case + KRW 545,00,000 + total deposit claims listed in the separate sheet No. 257, 991, 392] and the above amount.

3. Conclusion

Thus, the court shall judge the division of the inherited property of this case and the claim for the determination of the contributory portion as above, as per the disposition.

Judges Park Jong-sung

Judge Lee Jae-soo