In a case where Gap's heir Eul and his parents Byung et al. claimed the determination of the contributory portion and the division of inherited property against Eul et al., the case holding that Eul divided the inherited property with the content that Eul's contributory portion shall be 70%, Eul's contributory share, real estate sale amount, and the sales amount of the automobile shall be reverted to Eul et al., and Eul paid money equivalent to the final contributory portion to Byung et al.

In a case where Party B filed a claim against Party B, etc. for determination of contributory portion and division of inherited property, the case holding that Party B divided the inherited property with the content that Party B’s contributory portion is 70%, considering the following: (a) as Party B particularly contributed to the maintenance or increase of Party B’s property; (b) Party B owns the remainder of contributory portion excluding the inherited property among the immovable property; (c) bears the secured debt of Party B’s right to collateral security established on the real property; and (d) Party B sells the real property up to now; and (b) the sales amount of Party B’s inherited property and the sales amount of Party B’s inherited property should be entirely reverted to Party B; and (c) Party B paid the money equivalent to the final amount of inherited property to Party B, etc. as settlement money equivalent to the final amount of inherited property to be reverted to Party C, etc.

Articles 269, 1008-2, and 1013 of the Civil Act

Claimant (Attorney Noh Jeong-hwan et al., Counsel for the plaintiff-appellant)

Other party 1 and one other (Attorneys Go Jong-hee et al., Counsel for the plaintiff-appellant)

The deceased Principal of the case

1. 70% of the contributory portion of the claimant shall be determined.

2.(1) The claimant shall be divided into (2) the share of the real estate listed in paragraph 1 of the [Attachment List, and (2) the share of the sale price of the motor vehicle listed in Annex List

3. The claimant shall pay to the other party 21,282,856 won and each of the above amounts with 5% interest per annum from the day following the day this judgment becomes final and conclusive to the day of full payment.

4. 1/2 of the trial costs shall be borne by the claimant and the remainder by the other party, respectively.

The contributory portion of the claimant's contributory portion for the inherited property of the deceased deceased person (hereinafter referred to as "the deceased person") shall be 100%, and the real estate indicated in attached Table 1 shall be divided as owned by the claimant.

1. Basic facts

A. The decedent died on May 3, 2007, and at the time his heir was his wife and the other parent.

B. At the time of the death of the decedent, there were one motor vehicle listed in the attached Table No. 1 (hereinafter “instant real estate share”) and one motor vehicle listed in the attached Table No. 2 (hereinafter “instant motor vehicle”) as active property at the time of the death of the decedent.

C. Around July 10, 2007, the claimant sold the instant automobile.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 and 11 (including the number with 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 claimant's assertion

Since the claimant has fully borne the purchase price of the instant real estate and the automobile at the time of marriage with the inheritee, the claimant’s contributory portion for the instant inherited property should be determined as 100%.

B. Determination

In full view of the following circumstances revealed by the overall purport of the evidence No. 9-1 through No. 11-3 and the overall purport of the examination, namely, the inheritee acquired the instant real estate share and automobile at the time of marriage with the claimant, and the majority of the purchase price appears to have been borne by the claimant, and the period of marriage between the inheritee and the claimant is about three months, it is reasonable to deem that the claimant has made a special contribution to the maintenance or increase of the inheritee’s property. The claimant’s contributory portion as to the inherited property should be determined at 70% by taking into account the method and degree of contribution and circumstances.

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

(a) The inheritor and the statutory share in inheritance;

According to the above facts of recognition, the claimant and the other parties are co-inheritors of the inheritee, and the statutory share of inheritance is 3/7 of the claimant who is the spouse, and 2/7 of the other parties who are lineal ascendants.

(b) Confirmation of inherited property subject to division;

(i) the scope and value of the inherited property to be divided;

A) Shares in the instant real estate: 114,400,000 won at the time of commencement of the inheritance (=28,800,000 won for purchase price of August 18, 2006 x 50/100 of the shares of the inheritee x 50/100 of the shares of the inheritee)

○ 20,000,000 as of the closing date of the examination

B) Sale price of the instant vehicle (the subject matter of the instant vehicle): 28,300,000 won (determined based on the market price around May 2007)

[Ground of recognition] The statement Nos. 6, 9, and 11 of Gap, the result of the entrustment of the market price appraisal with respect to No. 1 of this court's appraiser's appraiser's request, and the purport of the whole examination.

2) Determination of the parties’ assertion

A) The claimant asserts that since the claimant's debt 139,50,000 won to our bank is borne with the acquisition of the real estate in this case, the claimant's debt 139,50,000 won should be the object of division of the inherited property. However, the above assertion alone cannot be recognized as a passive property of the inheritee that is the object of division of the inherited property. Thus, the claimant's

B) The claimant asserts that the amount equivalent to the other party's share of inheritance should be deducted from the other party's share of inheritance, since the claimant paid out 10,174,554 won to a national bank of the inheritee's obligation to the national bank after the commencement of inheritance and the amount of credit card usage charges to the deceased's share of inheritance. However, in the case where a divisible obligation such as a monetary obligation is jointly inherited, it is naturally divided and reverted to the co-inheritors according to the statutory share of inheritance at the time of the commencement of inheritance, so there is no room to be divided of inheritance (see, e.g., Supreme Court Decision 97Da8809, Jun. 24, 1997). Thus, the claimant's assertion on the premise that

C) The other party asserts that the amount equivalent to the lease money and rent received by the claimant for the instant real estate after the commencement of the inheritance should also be subject to division of the inherited property, but the negligence from the inherited property after the commencement of the inheritance did not exist at the time of the commencement of the inheritance, and thus, it cannot be deemed as the inherited property. Accordingly, the other party's assertion is rejected.

(c) Method of dividing inherited property;

In light of the fact that the claimant owns the remaining shares excluding the inherited property among the real estate in this case, the claimant bears the secured debt established on the real estate in this case, the claimant manages the real estate in this case until now, and the claimant sells the motor vehicle in this case, it is reasonable to have the real estate in this case and the sales price of the motor vehicle in this case reverted to the claimant, but to have the claimant pay the amount equivalent to the final share of the real estate in this case to be reverted

(d) Calculation of shares in inheritance and division of inherited property;

1) Value of deemed inherited property: 42,810,000 won (=value of 114,40,000,000 won at the time of the commencement of the inheritance of the instant real estate + KRW 28,30,000 for the purchase price of the instant motor vehicle; KRW 99,890,000 for the claimant’s entitlement to a contributory portion (=the aggregate amount of KRW 142,70,000 x 70% for the contributory portion)];

2) Statutory amount of inheritance

○ Claimant: 18,347,142 won (i.e., deemed inherited property 42,810,000 x statutory inheritance portion 3/7 and less than won; hereinafter the same shall apply)

○ Other parties: KRW 12,231,428, respectively (i.e., deemed inherited property 42,810,000 x statutory inheritance 2/7)

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

○ Claimant: 118,237,142 won (=legal share of inheritance KRW 18,347,142 + contributory portion of KRW 99,890,000)

○ Other parties: 12,231,428 won, respectively.

(iv)the calculation of the final share of inheritance;

Since the value of inherited property is changed after the commencement of inheritance, the final share of inherited property is calculated by multiplying the value of inherited property at the time of division trial by the ratio of specific share of inherited property by inheritor.

A) Total value of specific shares in inheritance: 142,69,98 won (=Claimant 118,237,142 + Other party 24,462,856 won (=12,231,428 won) x 2)

B) Specific shares in inheritance;

○ Claimant: 118,237,142/142/142,69,998

○ Other parties: 12,231,428/142,69,998, respectively.

C) Value of inherited property as of the closing date of the instant examination: 248,300,000 won (i.e., value 220,000,000 as of the closing date of the instant examination of real estate ownership + KRW 28,30,000 for the purchase price of the instant automobile)

(d) the final share of inheritance;

○ Claimant: 205,734,287 won (=248,30,000 won) x 118,237,142 / 142,69,998)

○ Other parties: KRW 21,282,856 (=248,30,000) x 12,231,428/142,69,998)

5) Method of dividing specific inherited property

The real estate share in this case and the sales price of the motor vehicle in this case shall be divided into the claimant's ownership, and the claimant shall be liable to pay to the other party for delay damages calculated at the rate of 5% per annum under the Civil Act from the day following the day of this adjudication to the day of full payment with respect to each of the above amounts.

4. Conclusion

Thus, this case's contributory portion decision and the inherited property division claim shall be judged as above and judged as per Disposition.

[Attachment] List: omitted

Judges Jin-saton (Presiding Judge)