2013Dun241 (This Court Decision) Determination of a contributory portion and division of inherited property

2014hap 40 (Adjudication) Determination on the contributory portion

A

B

1. C

2. D;

November 17, 2014

1. 20% of the contributory portion of the other party to the inheritance of the deceased’s deceased E (a claimant for an anti-adjudication) B shall be determined.

2. The claimant's claim for determination of the contributory portion in this trial is dismissed.

3. Each real estate listed in the separate sheet Nos. 1 and 2 shall be divided into 77/100 shares by the other party (party claimant B) and 18/100 shares by the other party (party B) and 5/100 shares by the other party (party B) and 5/100 shares by the other party (party B).

4. The cost of a trial shall be borne by the claimant (the other party to the trial).

1. Main adjudication;

With respect to the inherited property of deceased E (30****************** ‘the decedent').

The contributory portion of the claimant (the other party to an appeal, hereinafter referred to as "Claimant") shall be 30% specified in attached Form 1.

205/450 shares of the claimant for each real estate listed in the list, and the other party (the claimant for an anti-trial, hereinafter referred to as "the other party").

Section B) B is 105/450 shares, the other party (the other party to the case; hereinafter referred to as "the other party to the case")

C. D shall be divided into ownership of each 70/450 shares in each 70/450 shares. Each entry in separate sheet 2

shall be divided into real property owned by the claimant.

2. Anti-adjudication;

The contributory portion of the other party B with respect to the inherited property of the inheritee shall be 30%.

1. Facts of recognition;

A. The inheritee got married with the other party B, and had the claimant, the other party C, and D as his child.

B. The decedent died on January 1, 2013*. At the time of the death, the decedent owned each real estate listed in the separate sheet No. 1 and No. 2 as at the time of the death (hereinafter referred to as “the instant real estate”). As to the real estate No. 4 and No. 5 listed in the separate sheet No. 1, the decedent after the death of the decedent * by subrogation of the agricultural cooperative * The inheritance registration in the name of the claimant and the other party was

C. The value of the instant real estate is the same as of the date of the deceased’s death and as of the closing date of the instant examination, and that amount is the aggregate of KRW 1,304,290,000.

The value of the real estate in this case [based on recognition] Gap 1 to 4 (including each number) and the purport of the whole examination.

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

A. The claimant's assertion

The claimant asserts that his contributory portion in respect of the inherited property of the inheritee should be recognized as 30% since 2008, when the inheritee and the other party B were imprisoned, when the inheritee had been imprisoned due to the illness in around 2010, and had the inheritee attend the time of death until the time of death, and had the inheritee managed the property of the inheritee since 2010.

B. Determination

The contributory portion means, when there is a person among co-inheritors who specially supported the inheritee, or who specially contributed to the maintenance or increase of the inheritee’s property, the value to be received in addition to his/her own statutory share of inheritance according to the degree of contribution. As such, the purpose is to ensure substantive equity among co-inheritors by modifying statutory share of inheritance. As such, in order to recognize a contributory portion, it should be recognized that there is a need to adjust the share of inheritance among co-inheritors, or that there was a special contribution to the maintenance or increase of the

On the other hand, there is no evidence to prove that the claimant specially supported the inheritee or contributed to the maintenance and formation of the inheritee's property, and rather, according to the purport of the whole examination, the claimant may have received a donation of many property from the inheritee. Thus, the claimant's above assertion is without merit.

3. Determination as to the claim for determination of the entitlement to a contributory portion by other party B

A. The other party B's assertion

The other party B argues that his contributory portion in respect of inherited property of the deceased should be recognized as 30%, since the deceased was married with the deceased in 1950 and the deceased was 5 years of his military service, and the deceased was able to look together with his mother and dynamics for more than five years on his own, and the deceased did not live together with the deceased, and made a contribution to forming the majority of the property owned by the deceased by the deceased by completing the registration of ownership transfer under the name of the deceased.

B. Determination

Comprehensively taking account of the overall purport of the entry and examination of evidence Nos. 8 (including numbers), the other party B may recognize the fact that, around 1950, the other party B created the property owned by the deceased, by setting up the f3-year family life together with the deceased and raising three children while maintaining her marital life, from the time of the death of the deceased.

In light of the above facts, the other party B should be deemed to have contributed to the formation and maintenance of an inheritee’s property beyond the level normally expected between the spouse. In light of the timing, degree, and other circumstances of the contribution act, the degree of the other party B’s contribution to the contributory portion should be determined by 20% out of the instant real estate.

4. Judgment as to the claimant's 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 party are co-inheritors of the inheritee, and the statutory share of inheritance is 3/9 shares as the spouse of the inheritee, 2/9 shares as the claimant and the other party C, and D as the child of the inheritee, respectively.

(b) Scope of inherited property subject to division;

According to the above facts, the real estate of this case owned by the decedent at the time of his death is subject to division of inherited property of this case, and its value is KRW 1,304,290,000.

In this regard, the other party asserts that since the decedent lent 1,00,000,000 won in cash to the claimant, the claim for the return of the loan is inherited property. The claimant is a donation of 380,000,000 won in cash from the decedent, but the claimant did not borrow 1,00,000,000 won in cash from the decedent, so the claim for the return of loan to the claimant does not exist, and thus should not be included in the inherited property. However, in this case, the claimant or the other party did not seek division by including the above repayment claim in the inherited property through this case or by filing a request for a judgment on objections, as seen above, as long as it is acknowledged as a special profit of the claimant, it should not be included in the inherited property.

C. 1) Claimant: According to the overall purport of entry and examination in the evidence Nos. 1, 960, 855, and 465 won (including branch numbers) in accordance with the purport of each entry and examination in the evidence No. 4 (including numbers), the decedent 16 September 16, 200 * 64/255 of 1395 square meters in Si △△-dong 1395, 255, and 65.12.

14.* Si*** Ma 14, 14, 15, 89, 15, 15, * Si* 324 meters in total, 250-4, 1,66 meters in total, 957, 2,494 meters in total, around 2000, in cash, around 242,00, 260 won in total, 349, 40, 899, * 324 meters in total, 3240, 300, 50, 2009, 1,6666 meters in total, 957, 957, and 2,494 meters in total, and around 200, 200, 349,40, 000, 2000, 200, 200, 200, 2006, and 340,000 won in cash as above.

Meanwhile, when special proceeds are cash, the amount converted into the monetary value at the time of commencement of the inheritance shall be recognized as special proceeds property, taking into account the change in monetary value. Since it is reasonable to use GDP display dp dp dp dp dp dp dp dp dp dp dp dp d d d d d d d d d d d d d d d d d d d d d d d d d d d d e e that at the time of the commencement of the inheritance, which seems to best reflect the change in the price of the whole economy, the value of special proceeds received by the claimant after the commencement of the inheritance of 893,83,465 won d 00,000 won d 90,000 won x 30,000 won d 47,1038.4

No. 2 of Table 3, the value of the real estate donated by the claimant, based on the cash details donated by the claimant, is the sum of KRW 1,960,85,465 (=real estate 1,067,02,00 + Cash 893,83,465).

2) According to the purport of each entry and examination in the evidence Nos. 260, 945, and 00 won under the evidence No. 10 (including branch numbers), the decedent donated 1/2 of the 1/2 of the 1/2 of the 1/2 of the 2010 square meters of the 1/2 of the 1,826 square meters of the 1,839 square meters of the 1,826 square meters of the 1,827 square meters of the 1,827 square meters of the 1,839 square meters of the 1,827 square meters of the 1,50,000 square meters of the 2010 square meters of the 1,000 square meters of the 1,845,000 square meters of the 1,000 won of the 1,000 won of the 30s of the 1,000 won of the 3rd Party C.

In accordance with the above legal principles, as seen above, the value of the real estate donated by the other party C is 15,100,000 won ( = 150,00,000, X 100,000) when converting the cash donated by the other party C into the monetary value at the time of commencement of the inheritance by applying the GDP display. Accordingly, the special profit of the other party C is 260,945,00 won in total (= 105,845,000 won in cash + 15,000 won in cash + 30,000 won in total) of the shares of the other party D, 434,115,000 won in Seoul* 10,000,000 won in total as at the time of the commencement of the inheritance,* 26,000,000 other party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-state.

(d) the value of the real estate donated to the other party D in accordance with Table 5; and

From the value of inherited property of an inheritee, the amount of contributory portion for inherited property shall be calculated by deducting the contributory portion for inherited property from the value of the inherited property of the inheritee, and by adding the contributory portion for inherited property to the deemed inherited property by adding the contributory portion for inherited property, which is then calculated by multiplying the legal proportion of inheritance by the co-inheritors.

Accordingly, the value of the property deemed inherited by the claimant and the other party is calculated as follows: 3,69, 347, 465 won:

[Inheritance Property 1, 304, 290, 00 won - Other Party B’s contributory portion 260, 858,000 won ( = 1,304, 290, X 200 won) + 1,960, 85, and 465 won for the claimant’s special benefits + 260, 945,000 won for other Party C’s special benefits + 434,15,000 won for other Party D’s special benefits + 2) legal share in inheritance

○ Claimant, Other C, and D: Each KRW 822,07,214 ( = deemed inherited property = KRW 3,69,347, and 465 x statutory inheritance share 2/9, and fewer than KRW 9. The same shall apply hereinafter)

○ Other Party B: 1,233, 115,821 won ( = deemed inherited property 3,69, 347, 465 X statutory inheritance 3/9 shares) and the specific share of inheritance by inheritor in consideration of the contributory portion and the special benefit therefrom.

○ Claimant: 1,138, 778, 251 won (value of statutory inheritance = 822,077, 214 - Special Profits 1,960, 855, 465 won)

○ Other Party B: 1,493, 973, and 821 won ( = Amount of 1,233, 115, and 821 won for statutory inheritance + 260, 858,00 won for contributory portion)

○ Other C: 561, 132, 214 won ( = 822,07, 214 won for statutory inheritance - Special proceeds 260,945,00 won)

Pursuant to the above calculation of 387, 962, 214 won ( = 822,07, 214 won in statutory inheritance - Special Profits 434, 115, 00 won - Special Profits - 434, 115, 000) as the claimant is a special beneficiary. The specific share of excess special profits is zero. The remaining co-inheritors share the excess amount according to their respective statutory share of inheritance, and then deducts the above special profits from each of the revised shares of co-inheritors and calculates each specific share of inheritance. Accordingly, the excess special profits 1,138, 778, 251 won from the other co-inheritors B 48,047, 821 won (=1,138, 778, 251 won in statutory inheritance x 37/78, 251) x 37,150 won in specific shares x 25,375 others x 137 others x 1,2515 others x 37 others x 137

(b) the value of the final share of special proceeds after the share of excess special proceeds;

○ Other Party B: 1,005, 926,00 won ( = 1,493, 973, 821 won - 488, 047, 821 won)

○ Other C: 235, 767, 00 won ( = 561, 132, 214 won - 325, 365, 214 won)

○ Other D: 62,597,00 won ( = 387,962, 214 won - 325, 365, 214 won)

○ Total amount of the final and conclusive share of inheritance by the other party: 1,304, 290,000 won ( = Other party B 1,005, 926, 00 won + Other party C235, 767, 00 won + Other party D62, 597, 000 won)

(C) a final share in the shares;

○ Other Party B: 0.77 ( = 77/100 = 1,05, 926, 000 won: 1,304, 290, 000 won in small numbers, and hereinafter the same shall apply)

○ Other C: 0.18 ( = 18/100 = 235, 767, and 00 won: 1,304, 290,000)

○ Other Party D: 0.05 ( = 5/100 = 62,597, and 00 won: 1,304, 290,000)

(e) Method of subdivision;

Since the other party wishes to divide the instant real estate by jointly owning it in the proportion of their respective shares in inheritance, it is determined that the instant real estate is divided by the other party B’s share of 77/100, the other party C’s share of 18/100, and the other party D’s share of 5/100 shares, respectively.

5. Conclusion

Therefore, the claimant's claim for determination of the contributory portion is dismissed as it is without merit, and the claimant's claim for division of inherited property and the claimant's claim for determination of the contributory portion in the counter-adjudication B shall be determined as above. It is so decided as per Disposition

The presiding judge, senior judge, senior secretary

Judges Park Jong-sung

Judge Lee Jin-American