In a case where: (a) A, who was deprived of Germany, but was living alone after returning to Korea, adopted a kynasium in exclusive charge of nursing and nursing care; and (b) A claimed the contributory portion for the inherited property of Party B, the case holding that the contributory portion of Party B, who was specially supported by his/her parents and children, may be recognized as having been contributory portion of Party B,

In a case where Gap et al., while living alone after returning home while living alone in Germany, and adopted her guardian, he et al. to take full charge of nursing and nursing care, and Eul claimed the contributory portion for Eul's inherited property, the case holding that Eul, et al., who had not living together with Eul, was able to be admitted to the contributory portion of Eul, who had been specially supported by his parents and children beyond an ordinary level expected for 20 years, based on the following facts, including the fact that Eul did not live together with Eul, but was frequently found for 20 years, and that Gap who returned home due to negligence was born to the hospital, and that he was living together with

Article 1008-2 of the Civil Act

Claimant (Law Firm Lee & Lee, Attorneys Kang Jong-ho et al., Counsel for the plaintiff-appellant)

Other than 1 et al.

1. The contributory portion of the claimant’s contributory portion against the inherited property of Nonparty 1 (resident registration number omitted) who was deceased by the decedent shall be 25%;

2. The real estate listed in paragraph 1 of the Attached List, the Philippinesization listed in Paragraph 6, and the foreign currency deposit claims listed in Paragraph 7 shall be divided into the claimant's own possession, and each deposit claim listed in Section 2, 3, 4, and 5 of the Attached List shall be divided into two separate accounts by the other party for the completion of each share.

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

The contributory portion of the claimant’s contributory portion against the inherited property of Nonparty 1, who is deceased for the inheritee, shall be 100%. Among the inherited property listed in the attached list, the real estate listed in paragraph (1) shall be owned by the claimant, and each deposit claim and foreign currency listed in paragraphs (2) through (7) shall be collected and received by the claimant, and the 100 million won of which shall be paid to the other party 2

1. Facts of recognition;

A. On May 11, 1965, Nonparty 1 married with the deceased Nonparty 2 and had the other party as his/her child. The decedent, after participating in a democratization movement while serving as a diplomat, was German deceased and divorced from the deceased Nonparty 2 in Germany in around 1981. The other party in Germany lost his/her nationality in around 190 and around 1991.

B. Around 190, the decedent returned to Korea and had been able to live in Korea. Around 2011, the decedent began to live in a persuasion with the other party who lived in Germany. Around 2011, the decedent was sentenced to an abstract cancer, and the claimant who was well living with the decedent was a guardian who was in exclusive charge of the nursing and nursing of the decedent. A decedent adopted the decedent who was able to live in his/her own care around April 25, 2012.

C. The decedent died on October 1, 2012.

D. At the time of death, the decedent owned each deposit claim, foreign currency, etc. as stated in paragraph (1) and paragraphs (2) through (7) of the attached list at the time of inheritance. The market price at the time of inheritance commencement of real estate as stated in Paragraph (1) of the attached list is KRW 45 million.

[Based on recognition] Each statement of Gap evidence Nos. 1 through 5 and 11 (including each number, if any; hereinafter the same shall apply), the result of the verification by this court, each of the new banks, South-North Credit Union, Han Bank and National Bank, and the purport of the whole examination

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

The claimant asserts that the contributory portion of the deceased's inherited property should be set at 100%, since the claimant was adopted as the adopted child of the deceased who was living alone in Korea and supported the deceased by care for and care for the deceased alone, as well as by the care for her old age.

The entitlement to a contributory portion system prescribed in Article 1008-2 of the Civil Act intends to promote the substantial fairness among co-inheritors by considering the proportion of shares of inheritance in cases 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 inheritee especially supported the inheritee or specially contributed to the maintenance or increase of the inheritee’s property, as long as it is necessary to adjust the share of inheritance for the equitable

In full view of the aforementioned facts and the overall purport of the examination as seen earlier, the applicant did not live with the decedent, but frequently found the decedent who returned to Korea on around 1990, and went back to the decedent, such as coming home to the hospital and going home to the hospital. The other party was residing in Germany and was unable to properly support the decedent. On April 25, 2012, the decedent adopted his/her funeral on or around July 9, 2012, the decedent was adopted to the main claimant to take care of himself/herself, and on the basis of the overall examination. In full view of the fact that the claimant did not live with the decedent, the decedent prepared a “book” stating that he/she will succeed to the rest of the decedent except for cash KRW 100,000,000,000, and each claimant's child could not be recognized as his/her child as his/her child, and each of the above applicants' children could not be recognized as his/her parents.

Furthermore, in full view of various circumstances revealed in the examination of this case, such as health class, the value of inherited property, and the method and degree of contribution with respect to the applicant's contribution, such ratio shall be set at 25%.

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

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

According to the above facts of recognition, the claimant and the other parties are co-inheritorss of the inheritee, and the statutory share of inheritance is one-fourths of the claimant and the other parties as lineal descendants of the inheritee.

(b) Scope of inherited property subject to division;

According to the above facts, real estate listed in attached list No. 1, each deposit claim listed in paragraphs 2 through 5, foreign exchange listed in paragraphs 6, and foreign currency deposit claims listed in paragraph 7, which were owned by the decedent at the time of the death of the decedent, shall be subject to division of the inherited property of this case as inherited property. The specific contents of inherited property and market price at the time

At the time of commencement of succession to the contents of the attached inherited property contained in the main sentence, the deposit of 56,000,000 Korean National Bank deposit of 3 2,000,000 Korean National Bank deposit of 713,427 51 Bank deposit of 65,63,385 6, 370 x 370 x 23,76.64 x 23,764, 879 2136.89 x 200,6436.75 x 75 x 200,091,643 in total of 200,091,643

* The foreign exchange tax in the instant case (the Philippines and US$) is based on the daily average trading base rate of September 28, 2012, nearest at the time of the commencement of the inheritance of the instant case (26.64 won per 1 petu, and US$ 1112.75 won per 1 US dollars).

C. Judgment on the claimant's assertion

The claimant asserts that the division of the inherited property of this case ought to be made by the evidence No. 9, which appears to have been made by the decedent around July 9, 2012 (the claimant does not clearly assert the grounds thereof, but does not examine each of them where the claimant asserts that the evidence No. 9 is deemed as a will, and that there was an agreement on the division of inherited property under the evidence No. 9).

First, as to whether the evidence No. 9 of this case satisfies the will, comprehensively taking account of the health class, Gap evidence No. 9’s statement and the purport of the whole examination, the defendant’s deposit claim No. 100 million won among the inherited property of this case inherited by the defendant, and the remaining inherited property of this case includes the content that the claimant succeeds to inheritance, and the name of the deceased is written at the bottom ( July 9, 2012) and the seal is affixed, it can be recognized that the document where the seal is affixed exists. However, the strict provision of Articles 1065 through 100 of the Civil Act is aimed at clarifying the will of the testator and preventing legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods is null and void even if it conforms to the will of the testator, and therefore, the will by his certificate of completion cannot be deemed to have been omitted and valid as the testator’s address is not in violation of Article 106(1)106 of the Civil Act.

Next, as to whether there exists an agreement on the division of inherited property between the inheritors as stated in the evidence No. 9, the health care unit and the statement No. 10 of the evidence No. 10 can be seen as the fact that other party 2 delegates the authority to the claimant regarding the division of inherited property as stated in the above evidence No. 9. However, the other party 1 and the other party 3 did not express any opinion on it until the completion of the examination of this case, and there is no evidence to acknowledge that there was an agreement on the division of inherited property between the claimant

All of the claimant's arguments are rejected.

(d)the calculation of specific shares of inheritance;

(i) Value of deemed inherited property: 150,068,733 won [the inherited property = 200,091,643 won - the contributory portion of the claimant: 50,022,910 won (=200,091,643 won x 25%)

2) The value of statutory inheritance by heir: KRW 37,517,183, respectively (=150,068,73 x 1/4 shares)

3) The specific value of each inheritor’s share of inheritance taking into account the contributory portion

A) Claimant: KRW 87,540,093 (= KRW 50,022,910 + KRW 37,517,183)

B) The other party: 37,517,183 won, respectively;

(iv) shares in specific shares of inheritance by heir;

A) Claimant: 0.4375 (i.e., value of 87,540,093 won in inheritance ¡À value of 200,091,642 won in total and below the decimal point, the same shall apply hereinafter)

B) The other party: each 0.1875 (i.e., value of shares in inheritance 37,517,183 ± Total value of shares in inheritance 200,091,642)

(e) Method of subdivision;

1) Method of partition

As stated in the purport of the claim, the claimant wishes to divide the inherited property of this case according to the document (Evidence A9) prepared by the decedent around July 9, 2012, but its validity is not recognized. The other party is currently residing in Germany, and contact with the claimant is not properly established. In the case of share division or auction division, it seems that many time and expenses will be incurred in the process of division, and it is not recognized as a will by will. However, in light of the purport of the claim, it is appropriate for the claimant to divide the real estate, foreign exchange, foreign currency deposit claim, etc. as stated in the separate sheet No. 1 of this case, and the other party to the claim to receive the remaining deposit claim can be appropriate for the prompt resolution of the dispute. In full view of the various circumstances shown in the records of this case, such as the value of the inherited property of this case and the share of the co-inheritors, it is reasonable to separately own the foreign currency deposit claim stated in the separate sheet No. 1, the foreign currency deposit claim stated in the separate sheet No. 7, and each other party to the claim No. 1/3.

(ii)the value of the inherited property as a basis for the division in kind and the value of the share of inheritance resulting therefrom;

If inherited property is divided to the inheritor in kind and the remaining amount is divided in cash, the value of the real property should be calculated to the nearest amount on the closing date of the adjudication, so the value of the inherited property of the inheritor according to the specific share of inheritance is as follows:

(a) Total value of inherited property: 233,451,978 won;

The content of the attached inherited property included in the main sentence 78,00,000 of the market value as of the current market value of the attached inherited property x 78,00,000 of the 3-China-si Complex 78,000,000 of the current market value x 8,970,096 deposit money of 713,427 51 Bank deposit of 75,63,385 x 370 x 9,046 x 370 x 24,046 x 24,126,024 deposit money of 74.45 x 770 x 24,126,024 x 89 x 23,451,9788

* The foreign exchange tax in the instant case (the Republic of Korea and US$) is based on the daily average trading standard rate of October 20, 2015 (24.45 won per 1 petu in the Philippines and 1129.66 won per 1 US$), near the actual implementation.

B)the value of each heir’s share of inheritance

(1) Claimant: 102,135,240 won (i.e., KRW 233,451,978 x 0.4375 shares and below won; hereinafter the same shall apply)

(2) The other party: KRW 43,772,246, respectively (=23,451,978 x 0.1875 shares)

C) Division of real estate and deposits;

(1) Claimant: 102,135,070 won (=real estate KRW 78,00,000 stated in attached Table 1 + Foreign exchange KRW 9,046 stated in paragraph (6) + KRW 24,126,024) of the foreign currency deposit claim stated in paragraph (7)

(2) The other party: KRW 43,772,303 [Attachment Table 2 + (Deposit Claim 56,00,000 of deposit claims listed in paragraph (2) of the attached Table + KRW 8,970,096 of deposit claims listed in paragraph (3) + KRW 713,427 of deposit claims listed in paragraph (4 + KRW 65,63,385 of deposit claims listed in paragraph (5) + 1/3 shares];

(3) The claimant is entitled to receive less than 170 won in the light of the value of his share of inheritance, but not separately settle this.

F. Sub-decision

Therefore, the applicant alone owns the real estate in the attached list No. 1, the etization of Paragraph 6, and the foreign currency deposit claim in the attached list No. 7, and the other party to each deposit claim in the attached list No. 2 through 5 shall be divided into two parts of each one-third share.

4. Conclusion

Thus, the court shall judge the claim of this case as above, and shall judge it as per the disposition.

[Attachment] List of Inherited Property: Omitted

Judges Lee Young-young et al. (Presiding Judge)