
A claim for the return of a reserved portion has two limitation periods. One year from the day you learn of the gift or testamentary bequest, and ten years from the decedent’s date of death; if either period passes, the claim expires. If the 10-year limitation period is approaching, even if it is difficult to file a complaint, expressing your intent to seek return by content-certified mail will be recognized as an exercise of your rights, and subsequent claims for transfer registration or lawsuits for payment of money are subject to separate limitation periods, so you can prepare calmly. Even if the other party has sold the real estate, you can claim based on the sale proceeds, but you should also file a provisional seizure to prepare for concealment of the proceeds. Even if the cost is burdensome, if you miss the limitation period, you cannot receive even one won, so responding quickly before the limitation expires is key.
Source: Law Firm Jonjae operation blog / https://blog.naver.com/jonjaelawfirm / Click the blog link below and check more detailed information.
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