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Latest news and legal insights from HANBYOL LAW LLC.
<14> 3 Things You Must Know Before Filing a Claim for the Return of the Statutory Share
Attorney Hanbyol Law LLC focuses on advising clients regarding three specific issues in claims for the return of the statutory share. First, they emphasize that the starting point for the statute of limitations should not be the mere awareness of the gift, but rather the date on which the recipient realized that the gift infringed upon their statutory share, and that the specific facts of each case must be rigorously examined in accordance with court precedents.
Second, the attorney advises that even gifts made to third parties may be subject to restitution if it is proven that both parties had “awareness of the infringement”; therefore, it is necessary to secure evidence regarding the decedent’s age, health, and financial status, as well as the circumstances at the time of the gift.
Third, the firm recommends that, since reimbursement of the monetary value is more advantageous for enforcement than restitution in kind, and since the monetary value is based on the market price at the time of the conclusion of the trial, appraisal materials should be prepared in accordance with that date. Hanbyol recommends prioritizing the collection of evidence—including land registry records, financial statements, appraisal reports, and evidence related to health and assets—as well as details of special benefits received by co-heirs, in preparation for litigation, and designing strategies regarding the statute of limitations and enforcement in advance.

