Claimant (Attorney Lee Chang-soo, Counsel for defendant-appellant)

[Plaintiff-Appellant] Plaintiff 1 and 11 others (Law Firm Young-jin et al., Counsel for plaintiff-appellant)

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

2. Each real estate listed in the separate sheet No. 1, each deposit and shares listed in the separate sheet No. 2 (Counter-party 4), counterpart 3, counterpart 6, counter-party 7, counter-party 8, counter-party 10, respectively 236, 548, 716/2,074, 834, 834, 2074, 834, 834, and 1 ( counter-party 1) of the other party 354,823,074/2,074, 834, 734, and 5 of the other party 98,502, 389/2,074, 834, and 12 of the other party 65,68,259/74, 207, 2074, and 384-74, respectively.

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

In this trial, between the claimant and the other party 1 (the other party 1), the other party 2 (the other party 4), the other party 3, the other party 5, the other party 6, the other party 7, the other party 8, the other party 8, the other party 8, the other party 10, the other party 11, and the other party 12, the inherited property owned by the deceased party 2.

A concurrent adjudication: Between the claimant and the other party 1 (non-party 1), the other party 2 (non-party 4), the other party 3, the other party 4, the other party 6, the other party 7, the other party 8, the other party 8, the other party 8, and the other party 10, the contributory portion of the claimant as to the inherited property of the deceased non-party 2

1. Basic facts

The following facts are acknowledged according to the overall purport of records and examinations.

A. The other party 1 (party 1) was the deceased non-party 2 (the deceased on October 11, 2010; hereinafter “the inheritee”). The claimant and the other party 4, the other party 2, the other party 3, the other party 6, the other party 7, the other party 8, the other party 8, and the other party 10 are the children of the inheritee. In addition, the other party 5 is the spouse of the other party 4, and the other party 11 and the other party 12 are the children of the other party 4.

B. At the time of the death of the decedent, the decedent owned each share of real estate (1) in the separate sheet No. 1 as indicated in the name of the decedent (hereinafter “property of this case”) and deposits and shares in the separate sheet No. 2 as indicated “property” (hereinafter “property”). The market price and balance of the above inherited property at the time of the decedent’s death are as indicated in each list “market price” and “the remaining balance” (the petitioner, etc. asserted that the inherited property is a compcomoned inherited property, but it is excluded from inherited property because there is no evidence to specify it).

2. Inheritance shares;

A. The inheritance shares of the other party 1 (party 1) are 3/21, and the inheritance shares of the claimant and the other party 4, the other party 2, the other party 3, the other party 6, the other party 7, the other party 8, the other party 8, and the other party 10 are 2/21 respectively.

B. However, according to the overall purport of the records and interrogation, the other party 4 was punished for murdering the other party 2, who is one of whom, and attempted to murder as air gun (this court 2003Gahap74). This constitutes a disqualified person for inheritance under Article 1004 subparag. 1 of the Civil Act.

B. Therefore, pursuant to Articles 1001 and 103(2) of the Civil Act, the inheritance shares of the other party 5, who is the other party 4’s spouse, shall be 6/147, the other party 11, the other party 4’s children, and the other party 12’s inheritance shares are 4/147.

D. Meanwhile, the claimant asserted that he agreed on the other party 1 (the other party 1)’s share in the inheritance, but there is no evidence to acknowledge it.

3. Property and value to be divided;

According to the above facts, each of the instant real estate and deposits are subject to division of inherited property, and the sum of the values thereof is KRW 2,074,834,738 (= KRW 1,790,081,513 + KRW 284,753,225).

4. Contributory portion.

(a) Total novel;

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 taking this into account in 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, for the purpose of recognizing a entitlement to a contributory portion, the fact that the inheritee specially supported the inheritee or contributed specially to the maintenance or increase of the inheritee’s property should be recognized.

B. Determination as to the claimant’s claim for entitlement to a contributory portion

The claimant asserts that the contributory portion should be recognized for the inherited property of the inheritee and the degree of the contribution should be 50%. Since the claimant maintained and increased the inherited property of the inheritee by taking care of the deceased's farmer's residence from the time of the inconvenience of living together with the inheritee in 1984 to the time of the inheritee's death.

In light of the above legal principles, the evidence presented by the claimant alone is insufficient to recognize that the claimant has maintained and reproduced the inherited property of the inheritee, and even if there was such contribution as the claimant's assertion, it is not sufficient to recognize that the claimant has specially contributed to the maintenance or increase of the inheritee's property beyond the ordinary level expected as a result of the claimant's duty of support for his parent in light of the fact that the claimant's special profit of the total amount of KRW 299,014,400 can be recognized as having received a considerable amount of compensation as follows, and there is no other evidence to acknowledge it. Thus, the claimant's above assertion shall not be accepted.

5. Determination on special benefits

According to the purport of the records and the whole examination, the following special profits can be recognized:

(a) Claimant: 299,014,400 won (=237,620,000 won + 61,394,400 won);

1) The claimant acknowledges that the decedent was given a donation of KRW 237,620,00 in cash from the decedent.

(ii) real estate;

The market price (units: 49,514,400) of the attached inherited property contained in the main sentence ( Address 4 omitted) 11,880,00 in the aggregate 61,394,400

3) Although the claimant asserts that he was donated by the decedent ( Address 5 omitted), ( Address 6 omitted), ( Address 7 omitted), ( Address 8 omitted), ( Address 9 omitted), ( Address 10 omitted), ( Address 11 omitted), ( Address 12 omitted), ( Address 12 omitted), ( Address 13 omitted), ( Address 14 omitted), ( Address 15 omitted), and ( Address 15 omitted), the above-ground building ( Address 15 omitted), there is insufficient evidence to acknowledge this.

4) Although the claimant asserted that the claimant agreed to donate part of the real estate to the claimant, there is insufficient evidence to acknowledge this.

(b) Other party 11: 186,044,850 won;

1) Real estate

The market value of the attached inherited property contained in the main sentence ( Address 2 omitted) 1 ( Address 16 omitted) 4,844,600 2 ( Address 16 omitted) 54,855,000 3 ( Address 17 omitted) 42,705,600 4 ( Address 18 omitted) 4,391,100 5 ( Address 19 omitted) 42,248,550 in the aggregate 186,04,850

2) The other party 7 et al. asserted that other party 11 was donated by the inheritee (name 20 omitted) but there is insufficient evidence to acknowledge it.

(c) Other party: 100,000,000 won in cash;

D. In addition to the above facts of recognition, the claimant asserts that since the decedent donated cash, automobiles, etc. to the claimant and the other party, it should be included in the special benefits, there is insufficient evidence to acknowledge it. In addition, the claimant asserts that real estate and deposits, etc. transferred from the decedent to the claimant or the other party's children should be included in the special benefits, but the above assertion cannot be accepted since it cannot be deemed directly donated from the decedent to the heir.

6. Calculation of specific shares in inheritance;

(a) Method for calculating specific shares in inheritance;

First of all, the inherited property shall be calculated by adding the special profits of the heir to the inherited property of the inheritee, and each statutory share of inherited property shall be calculated by multiplying the statutory share of inherited property of the co-inheritors, and then by deducting the special profits here, each revised share of inherited property of co-inheritors shall be calculated. If the special profits of any co-inheritors exceed the statutory share of inherited property, the special beneficiary shall not have the obligation to return the special profits of the heir, but shall not have any share of inherited property.

(b) Value of deemed inherited property: 2,659,893,988 won (=total amount of 2,074,834,738 won including each of the real estate and deposits, etc. of this case + KRW 299,014,400 of the claimant’s special profit + KRW 186,04,850 of the other party’s special profit + KRW 100,000 of the other party’s special profit

(c) Statutory amount of inheritance;

1) The claimant and the other party 2, the other party 3, the other party 6, the other party 7, the other party 8, the other party 8, and the other party 10: 253,323,236 won, respectively (=2,659, 893,98 won x 2/21 shares, and 2/21 shares below won; hereinafter the same shall apply)

2) Other party 1 (non-party 1): 379,984,855 won (=2,659,893,988 won x 3/21 shares)

3) Other party 5: 108,567,101 (=2,659,893,988 Won x 6/147 shares)

4) Other party 11, 12: 72,378,067 Won (=2,659,893,988 Won x 4/147 shares)

(d) the modified portion of inheritance (a modification by special benefit);

1) Claimant: -45,691,164 won (=253,323,236 - Special Profits 299,014,400)

2) Other party 2, 3, 6, 7, 8, 10: 253,323,236 won

3) Other party 8: 153,323,236 won (=253,323,236 won - Special Benefits of KRW 100,000,000)

4) Other party 1 (non-party 1): 379,984,855 won

5) Other party 5: 108,567,101 won

6) Other party 11: -113,66,783 (=72,378,067) - 186,044,850)

7) Other party 12: 72,378,067 won

(e)the sharing of excess special proceeds and specific shares of inheritance;

According to the above calculation, since the claimant and the other party 11 are beneficiaries of excess special services, their specific shares of inheritance shall be zero, and the specific shares of inheritance calculated by deducting the amount divided in proportion to the statutory shares of the remaining co-inheritors from the modified shares of inheritance are as follows:

1) The other party 2, the other party 3, the other party 6, the other party 7, the other party 8, and the other party 10: KRW 236,548,716 [the amended shares of inheritance = KRW 253,323,236 of the amended shares of inheritance - KRW 16,774,520 [the total amount of excess special profits = KRW 159,357,947 + + 45,691,164 + 113,66,783 + 2/19 shares];

2) Other party 8: 136,548,716 won [the amended portion of inheritance = 153,323,236 won - 16,774,520 won for the special profit in excess of the divided portion of inheritance = 159,357,947 won for the special profit in excess of 159,357,947 [=45,691,164 won + 113,66,783 won] x 2/19 shares];

3) Other party 1 (party non-party 1): 354,823,074 won [379,984,855 won in the amended portion of inheritance = 25,161,781 won in the aggregate of the special profits in excess of 159,357,947 won in the aggregate of the special profits in excess of 159,357,947 won in the aggregate + 45,691,164 won in the + 113,66,783 won in the 3/19 shares];

4) Other party 5: 98,502,389 won [the amended shares of KRW 108,567,101 - 10,064,712 in excess of the divided amount: 159,357,947 [the aggregate amount of the special profits of KRW 159,357,947 + 45,691,164 + 113,66,783 + 6/95];

5) Other party 12: 65,668,259 won [the revised shares of inheritance 72,378,067 won - 6,709,808 won for special interest in excess of distribution : 159,357,947 won for special interest in excess (=45,691,164 won + 113,66,783 won) x 4/95 shares];

7. Method of dividing the inherited property.

In full view of the purport of the record and the entire examination, it is reasonable to divide the real estate and deposits of this case into those owned by the heir according to the specific share of inheritance.

Accordingly, the co-ownership shares are 236,548,716/2,074,074,834,734, respectively, and 10 counterpart 2,548,716/2,074,834,734 (=6,548,716 won + 354,823,074 won + 98,502,389 won + 65,68,259 won + 136,548,716/2,074, 734, 734, 834, 2074/2,074, 2074/384, 734, 784, 374, 385, 2874, 285, 284, 385, 297, 384, 2784, 2785, 284, 2847

8. Conclusion

If so, it shall be judged as above on the appeal of this case, and shall be judged as per Disposition.

[Attachment List omitted]

Judges Kim Jong-il (Presiding Judge)

Note 1) Since all of the real estate in the original state is the real estate, the “original state” in the real estate indication is omitted.