2013Dive100 contributory portion and division of inherited property

A person shall be appointed.

1. B

2. C

December 30, 2013

1. The contributory portion of the claimant’s contributory portion against D’s inherited property shall be 50%.

2.Each real estate listed in the separate sheet shall be divided as owned by the claimant.

3. The claimant shall pay to the other party 90,036,874 won and 5% interest per annum from the day following the day when the judgment of this case is finalized to the day of full payment.

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

The contributory portion for the deceased D’s inherited property shall be 70% of the contributory portion. Each real estate listed in the attached Form shall be

The claimant shall own independently and the claimant shall pay 54,022,124 won to the other party.

1. Facts of recognition;

A. The deceased deceased D (hereinafter referred to as "the deceased") married with E on December 11, 1961 and married with E on November 16, 1964, and married with E on January 14, 1974.

B. On July 26, 2011, the decedent died, and at the time of death, each of the real estate listed in the separate sheet (market price of 630, 258, 120 won, hereinafter “instant inherited property”) was owned.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, 5, 6, 9 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, the result of the market evaluation of appraiser F by this court, the purport of the whole examination

2. Determination as to the claimant’s claim for determination of contributory portion

A. The assertion

In around 1974, while serving as a police officer, etc. after marriage with the deceased, the claimant has lived together with the deceased, who is a professional supervisor. The claimant has received several times of hospitalized treatment, such as in-depth pain and death, and the claimant acquired the inherited property of this case, which is the only inherited property created by the claimant, and has made a special contribution to the maintenance or increase of the inherited property of the deceased. As such, it is reasonable to determine the contributory portion of the claimant for the inherited property of the deceased as 70%.

B. Determination

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

In full view of the overall purport of the examination of evidence Nos. 1 through 15, 19, 28, 29, and Nos. 1 through 3, the claimant was married on January 14, 1974 with the decedent and lived together with the decedent for 37 years until the decedent died. On May 19, 201, the decedent was hospitalized in G Hospital on July 26, 201, and was hospitalized in G Hospital until the decedent died on July 26, 201. In this case, the decedent was spent approximately KRW 112,00,000 for medical treatment expenses of the decedent. ② The claimant was employed as a police officer for 27 years from her marriage with the decedent to 190, and was prepared for living expenses after her retirement as an apartment management personnel, and the decedent was not a person who was a claimant for a marriage and 14 years after her marriage.

6.4. On June 8, 1978, when acquiring and residing in Seongdong-gu Seoul Metropolitan Government H land and building, sold the above real estate on June 8, 1978 and purchased the land and building in Seodaemun-gu Seoul, Seodaemun-gu I, and (4) around 1990, the claimant and the decedent newly constructed a multi-family house on the above I land and formed the inherited property of this case. In this case, the construction cost was appropriated by the claimant for retirement pay of KRW 72,908,240, and the secured loan of KRW 21,00,000, which was paid by the claimant on March 19, 1990. The above secured loan was fully repaid with the lease income of the above multi-family house, and the other party did not have any particular exchange with the decedent, and in full view of the above recognized facts, it is reasonable to deem that the claimant specially supported the decedent above level expected between husband and wife, as well as specially contributed to the maintenance or increase of the decedent's property.

Furthermore, in full view of various circumstances revealed in the examination of this case, such as health account, the value of inherited property, and the method and degree of contribution as to the applicant's contribution, such ratio shall be set at 50%.

3. Determination on the claim for division of inherited property

(a) Scope of the inheritor, statutory inheritance, and inherited property;

According to the above facts, the claimant who is the spouse at the time of the death of the inheritee and the other party who is the spouse at the time of the death of the inheritee jointly succeeds to the inheritance. The statutory share of inheritance is 3/7 shares as the claimant's spouse, and 217 shares as the other party's lineal descendant, and the inherited property of this case held at the time of the death of the inheritee

(b) Calculation of specific shares of inheritance;

The specific shares of inheritance that consider the contributory portion of the claimant are as follows:

0 : 10/14 shares [3/7 X (1 - 1/2 of the contributory portion + 1/2 of the contributory portion + 1/2 of the contributory portion] 10 others: 2/14 shares in each of 2/14 shares [2/17 of the inheritance by law x (1 x 17 of the Claimant's contributory portion 1/2 of the contributory portion)]. The following circumstances are revealed by the overall purport of the record and examination of the case. The Claimant is residing in the inherited property of this case. The Claimant is residing in the inherited property of this case. The Claimant agrees to such method of division, the Claimant and the other party agrees to such method of division, and there is a growing possibility of other disputes if the inherited property is divided by shares due to extreme conflict between the Claimant and the other party, it is reasonable for the Claimant to divide the inherited property of this case by way of specific division to the other party.

D. Sub-determination

Therefore, the claimant alone owns the inherited property of this case, but with the settlement of inherited property division, the claimant is obligated to pay to the other party 90,036,874 won each ( = the value of the inherited property of this case of this case of this case of specific 2/14 X X 630,258, 120 won, and less than won) and damages for delay calculated at the rate of 5% per annum from the day following the day when the judgment of this case becomes final and conclusive to the day of complete payment.

4. Conclusion

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

Number of judges of the presiding judge;

Judges Park Jong-sung

Judges Kim Jae-jin