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Breaking the custom of the 5v5 division and making the best decision under current civil law … Mr. Koo’s brother requested the passage of the “law to deprive parents who abandoned parenting duties.”
Goo Hara, a member of the girl group Kara.[사진=연합뉴스]
In the lawsuit for the division of the property of Goo Hara, who was a member of the girl group ‘Kara’, the court ruled that the contribution of the father who raised Goo Hara and her brother, aid-in was alone. It is assessed that the court rendered the best judgment in a situation where the ‘Goo Hara Law’, which contained restrictions on the inheritance rights of family members who renounced the maintenance duty, was not approved.
According to the legal community on the 21st, the second house of the Gwangju Family Court (Chief Judge Nam Hae-gwang) cited part of Gu Ho-in’s claim in a lawsuit filed against Gu Hara’s brother Gu Ho-in. , against his mother, A, for the division of the inherited property. He ruled.
The court decided that the contribution of the afflicted of Guhara was set at 20% and ordered that the father and mother should divide the inheritance in a ratio of 6 to 4.
“The obligation to raise a minor child goes beyond simply paying the parents’ costs, but includes fighting for the child’s physical and mental development.” Even if he is, it should be considered that he especially raised Mr. Goo Hara. “
Under current civil law, property left by Goo Hara, who died in the absence of her spouse or children, can be inherited by parents dividing them into 5 to 5 without any restrictions.
Ho-in Gu, who rebelled against this, filed a lawsuit with the consent of his father, stating that the mother, who had lived without complying with the maintenance obligation, had no right to inherit.
The first trial ruling said that Mr. Goo Hara’s grieving family is a later decision than before, but that they are considering whether to appeal.
Noh Jong-eon, Mr. Gu Ho-in’s lawyer, said: “Until now, even if you raised a child alone, the court did not recognize the contribution. The first court decision that recognized the contribution did not go through the legal system. current. It was a more advanced trial than before. “
Lawyer Roh explained that the court recognized his father’s contribution based on the fact that his father had been responsible for raising him alone for 12 years, and his mother did not try to meet Goo Hara.
Parents are responsible for raising minor children even if they are divorced, so the fact that the father is raising the children alone without the help of Mr. A cannot simply be seen as a fulfillment of the child’s obligation to support the child, and the contribution should be recognized.
Lawyer Noh said: “Even if the court respects these circumstances, it is almost impossible to completely lose the inheritance rights of parents who have abandoned their children without amending the Goo Hara Law. We need the support of the people to pass the Law. Goo Hara “.
After leaving the house at the age of nine, Goo Hara’s real mother filed a lawsuit demanding half the price for the sale of Goo Hara’s property.
In response, Mr. Gu Ho-in filed a legislative petition stating that parents who have abandoned their duty to support should limit their children’s right to inherit property, and then filed a related lawsuit. Hoin Gu said that if he wins this test, he will create a foundation to help children in difficult situations like his younger brother.
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