1.
Concept of Inheritance Division 9
2.
Heir 11
go.
Family Register and Family Relations Registration Book 11
me.
15th in line of succession
all.
Heir's Decision 17
3.
Statutory inheritance share 21
go.
Changes in the statutory inheritance share according to the time of death of the deceased 21
me.
Statutory inheritance ratio of first-order heirs (based on current civil law) 24
all.
Second-order heir 29
la.
3rd order heir 30
mind.
4th-ranking heir 31
4.
Inheritance 33
go.
Concept 33
me.
Inherited property subject to division 34
all.
36 Inherited property excluded from division
5.
Determination of inheritance share 39
go.
Statutory inheritance share 39
me.
Negotiated division 40
all.
Will 42
la.
Request for Division of Inheritance 43
6.
Simple division based on statutory inheritance share: provisional sharing 45
7.
Inheritance Division Agreement 49
go.
Concept 49
me.
Establishment Requirement 49
all.
Appointment of a special representative for a minor heir 50
la.
Redistricting 50
8.
Will 53
go.
Classification by format 53
me.
Distinction by Effect: Comprehensive and Specific Legacies 75
all.
Withdrawal of the Will 82
la.
Death of the executor and refusal of execution 83
mind.
Death of the recipient 84
bar.
Other will-like systems 84
9.
Request for Division of Inheritance Property 95
go.
Meaning 95
me.
Specific inheritance share 95
all.
Special Profit 105
la.
Contribution 133
10.
Method of Dividing Inherited Property 149
go.
Court's Guardianship Discretion 149
me.
Shared division 150
all.
Method of Division of Real Estate 151
la.
Split Order Case 153
11.
Procedure for requesting a judgment on division of inherited property 157
go.
Detailed Procedures for Requesting a Division of Inheritance 157
me.
Diagram 163: Procedure for Claiming Inheritance Division and Determination of Contribution
all.
Filing of a Petition for Arbitration 164
la.
Address Correction 175
mind.
Reply 177
bar.
Request for a Counter-Trial 179
buy.
Submission of preparatory documents 184
ah.
Special Profit 186
ruler.
Preparation Document (Request for Change of Claim Reason and Claim Reason) 220
car.
Reference document 233
card.
Judgment 233
get on.
Appeal 243
12.
Posthumous Recognition of the Right to Recover Inheritance 247
go.
Cognitive Claim 247
me.
Agreement on the Division of Inheritance Excluding Unclaimed Illegitimate Children 248
all.
Claim for posthumous recognition of a child born out of wedlock 248
la.
Inheritance 249 not yet divided
mind.
Completed inheritance division agreement and inheritance recovery 250
13.
The Relationship Between the Claim for Non-Existence of Parent-Child Relationship and the Claim for Division of Inherited Property 257
go.
257. Petition for Confirmation of Non-Existence of Parent-Child Relationship to Exclude Heirs
me.
Conversion of an Invalid Birth Registration to Adoption 259
all.
Adoption Dissolution in Response to Adoption 260
la.
Flow of the Petition for Confirmation of Non-Existence of Parent-Child Relationship 266
14.
The Relationship Between Division of Inheritance and Actions to Cancel Fraudulent Acts 269
go.
Agreement on division of inheritance that constitutes a fraudulent act 269
me.
Whether the heir who received the inheritance share was of good faith 270
all.
Scope of Cancellation of Fraudulent Acts 274
la.
In case of renunciation of inheritance after agreement on division of inherited property 280
mind.
Waiver of Legacy 281
bar.
Statute of limitations for lawsuits to cancel fraudulent acts 282

Preface 1

Although there are already many excellent textbooks on the market, it is difficult for parties new to inheritance division litigation to proceed with the lawsuit by referring to the textbooks.
Not only are the legal terms unfamiliar, but I also don't know their usage well.
This applies not only to the parties involved, but also to lawyers who are handling inheritance litigation for the first time.
When I first started going through an inheritance lawsuit, I also felt a sense of loss, as if I was walking on a foggy path.


To ensure that beginners can sufficiently proceed with a claim for an inheritance division judgment just by looking at this book, we have included not only the legal principles that form the basis of the lawsuit procedure, the writing of a complaint and preparatory documents, and the legal principles that form the framework of an inheritance division judgment, but also numerous cases and examples so that readers can cover all the cases they face.
We have also included our court's rulings on issues that we have been concerned about through conversations with many inheritance lawyers.
Additionally, when conducting a judgment on the division of inheritance, we have tried to provide a detailed description of practical handling policies for areas that are not included in the judgment and therefore cause concern.


In this way, we planned this textbook as a complete 'practical textbook', and it has now come to fruition.
I sincerely hope that this book will serve as a guide to inheritance litigation, saving readers the trouble of searching countless internet pages and books.


August 2025
Author Kim Jeong-dae

Preface 2

In the process of resolving an inheritance, heirs may experience trial and error or unexpected disputes and lawsuits may arise due to incorrect information.
However, the reality is that it is difficult to receive help from those around you and it is also difficult to obtain materials that provide a clear overview of litigation practices.

This book was created to help these heirs navigate the inheritance process smoothly and without trial and error.
This book systematically guides readers through the determination of heirs, statutory inheritance shares, distinction between inherited property and personal property, methods of proving advance gifts, whether proven advance gifts include special profits, the process by which the court determines each heir's final inheritance share, and division methods, assuming that readers have no legal knowledge whatsoever, so that they can easily understand and apply them to practice. It also provides practical forms for each step and Supreme Court precedents for each issue, so that readers can easily understand.

If this book can be of help to ordinary heirs, not legal experts, in resolving difficulties related to inheritance and providing solutions that reduce the trial and error that joint heirs experience in completing the division of inherited property, then the author can say that he has achieved the purpose of this book.

August 2025
Author Lee Jae-woo