2015Dun20043 Judgment on the contributory portion and on Division of Inherited Property

A (1949, South Korea)

Busan Address

Attorney Lee Do-young

1. B (Law Firm 1959, South Korea)

Seoul Address

2. C (Law No. 1961,00)

Seoul Address

3. D (Law No. 1964, No. 500)

Seoul Address

4. E (196, South Korea).

Seoul Address

5. F (F. (F., 1942)

Busan Address

6. G (the 1943 G, the 1943 G).

Address Masan City

7. H (Law Firm 1952, South Korea)

Address Masan City

8. I (Law No. 1954, South Korea)

Busan Address

9. J (Law No. 1990s)

Busan Address

10. K (Law No. 1993, South)

Busan Address

A (1913years, South)

Busan District Court

December 2, 2014

November 7, 2016

1. Determination of the claimant’s contributory portion as 30%.

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 B, C, D, and E 5,035, 287 won, the other party F, G, H, H, and I 20, 141, 148 won, each of the other party J, and K 10,075, 574 won, and 5% interest per annum from the day following the day when the judgment of this case is final to the day of full payment.

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

The primary claim: The contributory portion of the claimant’s contributory portion against the deceased’s inherited property shall be determined by 50%. Each real estate listed in the attached list (hereinafter “the real estate of this case”) shall be owned by the compulsory appearance, and the claimant shall pay to the other party B, C, D, E each KRW 1,00,00, and the other party F, G, H, and I each KRW 2,00,00,000, 00, 2,000, 2,000, 00, 2,000, and 15% per annum to the other party J, and K, respectively, from the day following the date of confirmation of the judgment of this case to the day of full payment.

Preliminary claim: 50% of the contributory portion of the claimant's contributory portion in respect of the inherited property of the inheritee shall be determined by the Claimant B, C, D, E, E, each of the other party's shares in the instant real property, 1/56 shares in the other party F, G, H, and I, 4/56 shares in each of the other party F, G, H, and I, 2/56 shares in each of the inherited property, 2/56 shares in each of the other party J, and K, respectively.

1. Facts of recognition;

A. On January 12, 1938, the inheritee kept the claimant, the other party F, H, I, I, Kim 1, Kim 2, and Kim 3 under his marriage with * married with her child.

B. The other party B, C, D, and E are children of Kim1, and the other party G is the husband of Kim 2, and the other party J and K are the other party Kim 3 children.

C. The above gambling* On March 9, 200, Kim 1, Sept. 1, 2010, Kim 2010, Kim 2, Apr. 19, 2010, and Kim 3 on January 18, 2015, respectively.

D. The decedent died on December 24, 2014, and at the time, the decedent had a total of KRW 201, 411, 480, respectively.

[Ground of recognition] Each entry in Gap evidence 1, 2, 7 through 16 (including each number; hereinafter the same shall apply) and the purport of the whole examination

2. Determination as to the claim for entitlement to a contributory portion

A. The assertion

The claimant has supported the decedent for several years, and has provided remuneration and management of the real estate of this case for the decedent. Therefore, the claimant asserts that the contributory portion of the claimant for the inherited property of the decedent is reasonable to be determined by 50% of the inherited property.

B. Determination

In full view of the following circumstances, Gap's evidence Nos. 3, 22 through 24, and 26, which can be known by comprehensively taking into account the overall purport of the examination, namely, the claimant has resided in the real estate of this case with the decedent from November 1, 1996, and has taken care of the decedent; the claimant has paid construction expenses and repair expenses for the real estate of this case; the applicant's wife's wife ** * was under filial behavior on February 28, 201 ** the Dong-gu in Busan Do ** the village community. The claimant has returned to the lessee of the real estate of this case on behalf of the decedent 10,00,000,000 won to the lessee of the real estate of this case; the applicant has been specially supported by the decedent or contributed to the heir's inherited property of this case; and the amount of other co-inheritors's contribution to the inherited property of this case and the amount of other co-inheritors's contribution to the inherited property of this case.

3. Determination as to the claim for division of inherited property

(a) Inherited property;

The inherited property of an inheritee is the subject of the instant real estate. Furthermore, the claimant asserts that the obligation of the security deposit regarding the father-dongsan should be divided into inherited property. However, there is no evidence to prove that the claimant had borne the above obligation at the time of the death of the inheritee. Therefore, the above assertion is not acceptable.

(b) the heir and the legal share of inheritance;

According to the above facts of recognition, the claimant and the other party are co-inheritors of the inheritee, and their statutory shares of inheritance are the other party B, C, D, E, each 1/28 of whom, the claimant, the other party F, G, H, H, and I, each 4/28 of whom, and the other party.

J, K is each 2/28.

C. Whether to recognize special benefits

The claimant asserts that since the decedent donated 22,00,00 won to the other party G, 23, 400, 000 won to the other party H, and 22, 235,00 won to the other party I, it constitutes a special benefit of the above other party.

According to the statements in Gap evidence No. 5-1 through 6, the defendant's assertion that the defendant transferred the other party G KRW 2,00,000,000 on August 22, 1993, and September 2, 2003, KRW 20,000,00 to the other party H on April 27, 1995, KRW 00,000,000, and KRW 1,000 to the other party I on April 25, 1995, and KRW 1,00,00,000,000, KRW 12,000,00, and KRW 12,00,000 on March 12, 197, it is difficult to view that the defendant transferred the above shares of inherited property to the above co-inheritors on the sole basis of the facts that the predecessor transferred the property to the above co-inheritors.

(d) Calculation of specific shares of inheritance;

(1) The value of deemed inherited property: 140, 988, 036 won [=201, 411, 480 won (value of inherited property)] 60, 423, 444 won

(Contributor’s contributory portion, 201, 411, 480 x 30 %)

(2) Specific shares of inheritance

(A) Claimant: 80, 564, 592 won ( = statutory inheritance 20, 141, 148 won (140, 98, 036 won x 4/28) +

Sector 60, 423, 444 won)

(B) Other party B, C, D, and E: 5,035, 287 won each ( = 140, 988, 036 x 1/28)

(C) Other F, G, H, I: 20, 141, 148 won, respectively ( = 140, 988, 036 won x 4/28)

(D) Other J, K: 10,070, 574 won, respectively ( = 140, 98, 036 won x 2/28)

(e) Method of subdivision;

In light of the intent of the parties, the status of the use of the inherited property, convenience of division, etc., it is reasonable for the claimant to fully vest the movable property of this case in the claimant, and to have the other party B, C, D, D, and E pay KRW 5,035,287 to the other party F, G, H, and I, respectively, KRW 20,141,148, and KRW 10,075,574 to the other party J, and K with the settlement money.

4. Conclusion

If so, the claimant's claim for contributory portion and the claim for division of inherited property shall be judged as above and judged as above.

Judges Do-constition

Judges Park Jong-hee

Judges Cho Jae-sung

Site of separate sheet

The end of the land and the third floor above the ground located in the Young-gu Busan Metropolitan City.