1. The Client's Crisis

The clients were three sisters. Their father (the decedent) had supported only their eldest brother throughout his lifetime, sparing no financial assistance by paying his tuition and business start-up funds, while regarding his daughters as "outside the family after marriage" and saying there was no reason to support them. The three sisters entered vocational high schools and began working early in order to support their brother, and they used the money they earned to pay for his tuition and business funds. Before his death, their father gave his only asset, a piece of real estate, to the eldest son and even allowed him to reside there, and then bequeathed the rest of his property to the eldest son alone. Not a single won of inheritance was left for the three sisters. Moreover, there was even concern that the brother might dispose of or transfer possession of the real estate, so the three sisters came to Jonjae Law Firm.

2. Key Issues

The challenges in this case fell into three broad categories. First, the decedent's assets were concentrated in real estate, but there was a realistic risk that the opposing party (the eldest son) would dispose of it or transfer possession to a third party during the litigation. If the real estate were disposed of, it could be difficult to secure actual enforcement even if the reserved portion were recovered. Second, because the decedent had concentrated both lifetime gifts and testamentary bequests on the eldest son, it was necessary to accurately determine the scope and value of the assets serving as the basis for calculating the reserved portion. Third, since this was a dispute among siblings, a prolonged lawsuit could make it even harder to restore family relations, so if possible, an amicable resolution through mediation was preferable.

3. Jonjae's Strategy

Attorney Yoon Ji-sang, Managing Partner, and Attorney Noh Jong-eon, Managing Partner, explained to the three sisters during consultation that they had a viable reserved portion recovery claim and determined that preservation measures for the real estate should be pursued simultaneously with filing suit.

We filed a lawsuit for recovery of the reserved portion and, at the same time, applied for a provisional injunction prohibiting the transfer of possession of the real estate. We demonstrated that if the property were left as is, there was a high risk that the other party would dispose of it or transfer possession, and the court accepted this and granted the injunction. With the safety of the real estate secured, we proceeded with the reserved portion recovery action and organized the decedent's lifetime gifts and testamentary bequests, as well as the value of the assets, to calculate and assert the three sisters' reserved portions.

4. Outcome and Recovery

The case was resolved amicably through mediation. Each of the three sisters recovered KRW 500 million, for a total of KRW 1.5 billion, as their reserved portions. It was the result of clients who had received no support whatsoever in life and had been completely excluded from inheritance reclaiming the rightful share guaranteed by law.

Attorney in Charge: Managing Partner Attorney Yoon Ji-sang · Managing Partner Attorney Noh Jong-eon

To protect confidentiality, this case has been partially de-identified within a scope that does not undermine the substance of the matter.