Uncle Tried to Seize Nephew's Inherited Apartment... Fined 3 Million Won

'Claims for Ownership Transfer' Followed by Forced Heirship Return Lawsuit
"High Possibility of Criticism but Consideration Given to Attempted Failure"

A man in his 70s who tried to fraudulently seize an apartment owned by his older sister, which was inherited by his nephews, was fined.

According to a Yonhap News report on the 17th, on the 12th, Judge Yoo Hyun-sik of the Daejeon District Court Criminal Division 7 sentenced Mr. A (79), who was indicted for attempted fraud, to a fine of 3 million won.

In May 2021, after his eldest sister Ms. B passed away, Mr. A decided to deceive his nephews and ask them to transfer the ownership of the apartment worth about 500 million won, which was owned by his sister and where he was living, to himself as the apartment was about to be inherited by the nephews.

Between August and October of the same year, he sent three text messages and letters to his nephews saying, "Actually, the owner of this apartment is not your mother but me and my siblings," and "If you inherit it, you will have to pay off your mother's debts along with the apartment's jeonse deposit, so please transfer the ownership registration to me." However, Ms. B had no debts, and there was never a jeonse contract for the apartment.

Daejeon District Court Signboard
Photo by Yonhap News

Mr. A also claimed to his nephews, "Before grandfather passed away, he decided to gift it to me, and the ownership was only put under your mother's name," but since the nephews did not accept this, the crime remained an attempt. He filed a lawsuit against his nephews demanding "payment of about 93 million won as a statutory portion," arguing to the court, "The apartment was the only property inherited from my father, and since I did not know it was gifted to my sister, I also have rights."

Judge Yoo pointed out, "The defendant claims he did not know about the gift, but considering that he claimed the apartment was his while his father was alive and even fought with other siblings, it is hard to believe that he did not even check the apartment’s registry." He added regarding the sentencing, "Although the defendant’s attempt to defraud his nephews of property is highly blameworthy, the fact that the crime was only attempted was taken into consideration."

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