2015Dive18 contributory portion claim and division of inherited property

1. Kim 00

Busan City Address Gu

Busan Central District of Registry

2. Kim 00

Seoul Westernmun-gu

Reference domicile Daegu Northern-gu

Attorney Park In-bok et al.

Park 00

Busan East-gu

Busan Central District of Registry

Law Firm Doz.

Kim 00

Busan Central District of Registry

May 22, 2014

January 25, 2016

1. The claimant's claim for contributory portion is dismissed.

2. Each real estate listed in the separate sheet No. 1 list shall be divided into ownership by each claimant of 2/7 shares and by the other party of 3/7 shares.

3. (a) The claims in paragraph 1 of [Attachment 2] are divided into shares of 2/7 for each claimant and shares of 3/7 shares for each claimant.

B. The other party shall transfer to the claimant 2/7 shares out of the bonds and shares in [Attachment 2] 2 List of Claim 2 and shares in [Attachment 3] and notify the claimant of the above bonds and shares transfer, Pululul Investment (State), Pululing Holdings, and Sari Capital, respectively, regardless of whether the above bonds and shares are transferred.

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

The contributory portion of the claimant's contributory portion on the inherited property of Kim 00 (hereinafter referred to as "the inheritee") shall be set at 5% by each claimant. The Claimant's share in each of the real estate listed in the annexed Table 1 shall be divided into 1/2 shares, and the other party shall pay to the claimant 14, 168, 91 won, and 5% interest per annum from the day after the date of the final decision of the trial of this case to the day of full payment. The other party shall pay to the Claimant 3/7 of the other party's legal share in the inheritance among the bonds listed in the annexed Table 2-B, as to the claim listed in the annexed Table 1-B, the other party shall express his/her intention to transfer to the Claimant one-half share in each of the above 1/2 shares to the Claimant.

1. Facts of recognition;

A. On May 3, 1971, the decedent was married with Kim 00 on May 3, 1971, and the decedent was under the chain, but Kim 00 died on December 13, 1996.

B. On May 28, 1998, the decedent remarriedd with the other party.

C. On May 22, 2014, the decedent died. At the time, the decedent owned each of the instant property listed in attached Tables 1 and 2 (hereinafter “each of the instant property”).

[Grounds for recognition] Each entry in Gap's Evidence Nos. 1 through 9, 11, 15 through 20, 22, Eul's Evidence Nos. 3 through 5, 8 through 11, and the whole purport of the examination

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

A. The assertion

The claimant asserts that the amount of each contributory portion of the claimant's each contributory portion for inheritance re-reinteination of the inheritee has been determined to be 5% of the inherited property, since the claimant paid regularly money to the inheritee.

B. Determination

The written evidence No. 14 No. 14 and No. 1 through 4 alone are insufficient to recognize that the applicant’s contribution to the volume of the inheritee to the inheritee or to the inheritee’s property has reached the extent that it is necessary to set a share of inheritance for the sake of equity among co-inheritors. Thus, all of the claimant’s claims for determination of each contributory portion are not accepted.

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

(a) 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 legal portion is 3/7 for the other party who is the spouse, and 2/7 for the claimant who is a lineal descendant, respectively.

(b) Scope of inherited property subject to division;

Each of the assets of this case possessed by the decedent at the time of the death of the decedent is different from the division of the inherited property of this case.

C. Whether to recognize special benefits

1) The claimant's assertion and judgment

The petitioners asserts that the amount of KRW 5,70,50 on April 5, 2010 and KRW 5,750,750,00 in total, and KRW 132,337,50 in the other party’s account is transferred to the other party’s account, and the amount of KRW 403,461,10 in cash was respectively donated to the other party’s account, and that the said amount constitutes a special benefit of the other party.

According to the records of evidence No. 13, evidence No. 13, and evidence No. 10-1 of the defendant 201, the defendant transferred KRW 126, 587, 500, and KRW 5,750, and KRW 132,337,50 to the other party **********************). However, it is difficult for the defendant to recognize that the defendant donated the above money to the opposite party. Rather, according to the evidence No. 22, evidence No. 3, evidence No. 5, and evidence No. 8 through 11 and the purport of the examination and each of the above evidence No. 11, the defendant's assertion that the above money was transferred to the opposite party .

2) The allegation and judgment of the other party

Since the decedent donated KRW 30,00 to the claimant Kim 00 as business funds around 2005 and the claimant Kim 00 as security deposit around 1999, the amount equivalent to the above money constitutes a special benefit of the claimant. However, since there is no evidence to determine the fact of the decedent's donation as above, the other party's assertion is without merit.

(d) Calculation of specific shares of inheritance;

Therefore, the specific portion of the claimant's share is each 2/7 share, and the specific portion of the other party's share is 3/7 share.

(e) Method of subdivision;

Considering the specific shares of inheritance, the appellant and the other party's intention, it is reasonable to divide each of the property of this case into two-seven shares in each Administration and the other party's share in three-seven shares.

However, since the bonds and the shares of Paragraph 2 and Paragraph 3 in the attached list 2 are owned by the other party in form, the other party is obligated to transfer 2/7 shares among the bonds and shares of Paragraph 2 and Paragraph 3 in the attached Table 2 list to the claimant, and to notify each of the above bonds and shares transfer to the Ulsan Investment Advisory Co. Ltd. Co., Ltd., to the Aluri Investment Co., Ltd. Co., Ltd. and the Aluri Capital Co., Ltd. Co., Ltd.

4. Conclusion

Therefore, the claim for determination of the contributory portion by the claimant is dismissed as it is without merit, and it is so decided as per Disposition as to the claim for division of inherited property.

Judges Do-constition

Judges Kim Jin-jin

Judges Park Jong-hee