Increased legal counseling in litigation for return of fuel before and after holidays
10 years new lawsuit 4.6 times ↑… It seems that the house price will increase further
Seoul as seen from Namsan on the 31st of last month is full of apartments.
Mr. #A was given a 1 billion won apartment by himself five years before his father passed away. The younger sister B, who learned of this late while arranging his father’s legacy recently, filed a lawsuit to claim the return of oil to Mr. A, saying, “Please return my share that should be inherited.”
As housing prices such as apartments have soared, lawsuits among bereaved families over real estate inheritance are also increasing rapidly.
According to the court administration on the 8th, the number of lawsuits for claiming the return of fuels increased from 295 cases in 2008 to 1371 cases in 2018, an increase of about 4.6 times in 10 years. The number of related lawsuits increased by an average of about 17% each year for 10 years from 2008.
Real estate lawyer Eom Jeong-sook said, “As the holiday approaches, legal counseling on the family members (inheritance disputes) will increase. In particular, even if the deceased’s will, there are many related legal counseling because they have inheritance rights guaranteed by law.”
The term’seeds’ refers to the portion of the inherited property that is legally determined to return to a certain person among heirs, such as direct descendants (children and grandchildren), spouse, immediate continuation (parents, grandparents), siblings, etc. The current civil law recognizes the proportion of inheritances, such as spouses and children, to each have a certain share of the parent’s inherited property. The inheritance share stipulated by the law is the ratio of ‘1.5 to 1’for spouses and children, and 1 to 1 for children, regardless of the eldest son, second son, son, or daughter.
As in the above case, even if parents hand over all their property to one child and leave, if the child who did not receive the property file a lawsuit, half of the inherited stake can be returned. In other words, Mr. B can inherit a half of his share in the apartment, but since the oil portion can be exercised against a half of the legal inheritance, he can request an inheritance of 250 million won, a quarter of the apartment. have.
Experts urged them to pay attention to the fact that “life donated property is also included in the scope of the return of oil fractions” in litigation related to oil fractions. Lawyer Eom said, “In the case of real estate such as housing and land, even if you received a donation in advance and disposed of it before the start of inheritance, it is assumed that the real estate is not disposed of and held until the start of inheritance.” Explained that a lawsuit for a return claim was possible.
Reporter Kim Dong-pyo [email protected]