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INHERITANCE & MARITAL PROPERTY

Defending special-benefit allegations

My siblings call it a gift, but I earned it through our family business.

We separate the disputed transfers and examine evidence of work, business arrangements, returned shares and settlement payments.

What should be distinguished first?

A bare denial may not be enough. Match each disputed item to agreements, actual work, returns and settlement records. The applicable legal provisions and proof of the transaction are separate questions.

What records help explain the issue?

  • Business contracts
  • records of work
  • profit distribution
  • share returns
  • settlement transfers

Bring what you already have. Mark the documents you cannot obtain separately so we can discuss appropriate ways to establish the relevant facts.

How do we review your situation?

  1. Listen to what happened and the outcome you need.
  2. Connect each disputed claim to the asset history and available evidence.
  3. Separate matters for agreement from issues needing a court decision.

When should you raise a timing concern?

Tell us promptly if you have received a court document, if a disposition is imminent, or if you have recently learned of a debt or transfer. Dates and service records matter; a website checklist cannot determine a filing deadline.

Further official guidance: Korean official legal information ↗ · Amendments and transitional provisions ↗

Editorial update: 14 September 2026. General guidance; the applicable rules depend on the facts and dates.

CASE RESULTS

What changed in the case

All case summaries ↗
Special-benefit allegations rejected in part

Defending against claims that business proceeds were lifetime gifts

Read the case ↗
The concern
During estate division, the client faced allegations that property and money previously received were lifetime gifts.
Our response
The review distinguished business agreements and actual work, records of returned shares, and transfers settling sale proceeds.
The outcome
The court rejected certain special-benefit allegations relating to business consideration, returned shares and settled proceeds, and amended the estate division.

Other items were recognised as special benefits, and the contribution-related appeals were dismissed. Finality has not been confirmed.

You do not need every document to begin.

Start with the assets you know about and the issue worrying you most.

Discuss your situation ↗