Solving the Korean Reserved Share Problem on the Mock Exam by a Former Chief Judge

I have handled inheritance matters for years, but it was genuinely interesting to hear that legal portion (Korea's "reserved share," yuryubun) had appeared as a Korean-language reading passage on a CSAT mock exam. Comparing the way students encounter yuryubun in the exam room with the way I deal with it daily in practice is one of the most intuitive ways to show general readers what yuryubun actually is.

The passage starts from the principle of private property: anyone may freely dispose of their own assets. But if the disposition is gratuitous, like a donation, then once the gratuitous disponor dies, the result can be partially reversed. The gratuitous disponor here becomes the decedent, and their rights and duties pass to the heirs. The passage explains that the heirs can use "the right to yuryubun" to recover at least the minimum share they should have received.

If the heir is the decedent's only child, the protected ratio is typically one-half of the share they would have received. The same one-half applies to other children. The passage states this point very categorically.

Rephrasing the structure the passage uses in the language of practice:

• Base estate = the decedent's assets at the time inheritance opens + assets already passed to gratuitous recipients
• Yuryubun shortfall = the person's yuryubun − benefits they have already received through inheritance or gift
• Recoverable scope = capped at the yuryubun shortfall

The passage explains it as "a yuryubun-holder can only recover the shortfall after subtracting what they have already received from what they should have received." It is the same meaning as the practitioner's phrase "special benefits are offset."

The passage explains that when the gratuitously transferred asset is a thing or stock rather than cash, the principle is to return the asset itself — in-kind recovery. It also notes that cash recovery is available only when in-kind recovery is impossible or when the yuryubun-holder and the gratuitous recipient agree.

A real-world consequence is "fractional ownership shares." When the yuryubun shortfall to be returned is smaller than the value of the gratuitously transferred thing, the yuryubun-holder receives, of the amount equivalent to the thing's value, a share corresponding to the proportion of their shortfall. The result is a structure in which multiple people share ownership of a single thing.

The passage says the yuryubun shortfall is in principle calculated as of the market value at the time inheritance opens. It adds, however, that "where the price increase of the thing arises from the gratuitous recipient's effort, the calculation should be based on the market value at the time of the gratuitous acquisition."

In practice the usual operation is:

• As a principle, valuation is done at the market value as of the time inheritance opens
• The portion of value increase created by the recipient's own cost and effort (for example, change of land use, change of land form, large-scale interior renovation) is excluded — we value the thing in its "original shape"

The passage's simplified phrasing "calculated at the market value at the time of the gratuitous acquisition" and practice's phrasing "calculated at the market value as of inheritance opening, excluding the contributed increase" point in similar directions, but the wording difference is worth noting.

I read through the passage slowly again and reviewed each choice.

• "The yuryubun right is not granted to non-heirs." — Correct.
• "The scope protected by the yuryubun right is limited to a part of the yuryubun shortfall." — The phrasing is subtle. The protected scope is generally "the entire shortfall," not "a part" of it. This option was selected as the answer because the word "part" understated the protected scope.
• "Heirs cannot exercise the yuryubun right against the gratuitous recipient before inheritance opens." — The passage clearly states "when the decedent dies, inheritance opens and the heirs can exercise the yuryubun right." Correct.
• "Assets the decedent sold to others during life cannot be subject to yuryubun." — Because it is not a gratuitous disposition, this is correct.
• "Rights over gratuitously acquired assets can be restricted contrary to the recipient's own will." — A direct restatement of the essence of yuryubun, so correct.

The answer is choice 2. The word "part" was decisive.

Going option by option:

• Even if a single thing is gratuitously transferred, the yuryubun-holder does not necessarily recover the entire thing.
• When the gratuitously transferred asset is returned and the yuryubun shortfall is larger, the gratuitous recipient's share typically becomes smaller. A larger shortfall demands a larger returned share.
• When the thing can no longer be returned, recovery is in cash, not in a share.
• Even if the yuryubun-holder demands cash recovery, the gratuitous recipient may still return the thing in kind without agreement. This statement is most appropriate.
• When partial recovery occurs, both sides hold co-ownership shares — it is not a structure where one side keeps full ownership and the other receives only money.

The answer is choice 4.

Among the choices is one that says: "Because yuryubun is calculated on the assumption that the decedent did not gratuitously dispose of the asset." This is the most appropriate. Because the starting line of yuryubun is "guarantee what the heirs would have received if no gratuitous disposition had occurred," the valuation date is set to the time inheritance opens, in line with that assumption.

Q. My parent gifted real estate to one of my siblings, and the market price has since risen sharply. By which date's market value should we calculate yuryubun? A. Typically the calculation uses the market value as of when inheritance opens. However, the portion of value increase due to the gifted sibling's own cost and effort tends to be excluded. So records distinguishing the sibling's contribution from pure market appreciation are important.

Q. Even with a yuryubun shortfall, if I have already inherited other real estate, can I still bring a claim? A. Benefits already received through inheritance or gift are subtracted from your yuryubun. If the resulting shortfall is zero or less, you generally cannot bring a recovery claim. So objectively fixing the special benefits you have already received is the first step before claiming.

If you want a brief check of whether yuryubun would work in your situation, you can share the rough outline of your family composition and lifetime-gift history at Chat with an attorney now.

This article is general legal information written based on the YouTube commentary above by attorneys of Jonjae Law Firm.

Last reviewed: 2026-05-30

Disclaimer: This article is provided as general legal information and is not legal advice on the specific facts of any individual case. Outcomes may vary depending on the facts and evidence, so anyone facing an actual dispute or needing consultation should obtain individual advice from a qualified attorney.