When You Should Get Advice
- I transferred my house to my son, and since then he has not called or sent living money
- I made the gift after he promised to live with and look after me, but he has not kept that promise
- I found out late that my mother's building was gifted to my older brother after her dementia began
- My child is demanding money I only promised verbally
- I think a sibling forged documents with our parent's registered seal to transfer land
Relevant Laws
Civil Act (민법) Article 555 (Gifts not made in writing and rescission)
If the intention to give was not expressed in writing, either party may rescind the gift.
Civil Act Articles 556 and 558 (Recipient's conduct and rescission; rescission and performed parts)
If the recipient commits a crime against the giver or the giver's spouse or lineal blood relatives, or fails to perform their duty of support toward the giver, the giver may rescind the gift. This right lapses 6 months after the giver learns of the cause, or if the giver forgives the recipient, and such rescission does not affect parts already performed.
Civil Act Article 561 (Gift with a burden)
For a gift that places a burden on the recipient, the provisions on bilateral contracts apply in addition to those on gifts.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Property Already Transferred Is Hard to Recover Through Ordinary Rescission
A gift promised only verbally, without anything in writing, can be rescinded if it has not yet been carried out. A gift can also be rescinded if the child commits a crime against the parent or abandons their duty of support, but this must be done within 6 months from the day the parent learned of the cause.
The problem arises once the registration has been transferred or the money handed over. The law provides that even when these grounds for rescission exist, they do not affect parts already performed (Civil Act Article 558), so it is difficult to get back a house whose registration has already been transferred on the basis of these provisions alone.
A Gift With Conditions Is a Different Story
A gift made on condition that the child lives with the parent or pays hospital bills is a gift with a burden (부담부증여). The Supreme Court has held that if the recipient fails to perform that obligation, the giver can cancel the contract even if the gift has already been carried out, and Articles 555 and 558 do not apply in that case (Supreme Court Decision 97다2177 of July 8, 1997).
However, the giver must show that there was a condition. What matters is whether the gift contract sets out the support specifically, and whether there are text messages or records of living-money transfers showing the promise was broken. A vague phrase such as 'I will be a good child' is hard to use as a standard.
A Gift Made While Judgment Was Impaired Can Be Challenged as Invalid
If, at the time of the gift, the parent could not understand what they were doing because of dementia or a similar condition, the gift is void for lack of mental capacity. The key evidence is medical records, cognitive test results and care records from around the time of the gift, and what matters is the person's condition on that day rather than the diagnosis.
As a rule, while the parent is alive, the other children have no right to challenge the gift directly. If the parent cannot challenge it themselves, you apply for adult guardianship (성년후견) so that the guardian can sue on their behalf. After the parent dies, the heirs take over that right, and even if the gift is not void, the calculation is redone through special benefits or the forced heirship share.
How We Handle Gift Disputes
- 1
Confirming how the gift was made
We use the registry, the gift contract and account transfer records to confirm what was transferred, when and on what conditions.
- 2
Gathering evidence of the parent's condition
We obtain medical records, cognitive tests and care records from around the time of the gift, and see whether mental capacity can be challenged.
- 3
Choosing the claim
Among cancelling a gift with a burden, invalidity for lack of mental capacity and rescission for ingratitude, we choose the route that fits the deadlines and available evidence.
- 4
Provisional injunction and lawsuit
We apply for a provisional injunction prohibiting disposal so the property is not sold on, and claim cancellation of the ownership transfer registration or similar relief.
- 5
Linking to settlement after the inheritance
If the parent has died, we continue by resolving the matter through the special benefit and forced heirship share calculations.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
Our filial support contract was not notarized. Is it still valid?
Notarization is not a requirement for validity. A contract signed by the parties is enough to support a gift with a burden. However, how it was made or whether the signatures are genuine may be disputed later, so notarizing it makes proof easier.
If the gift is cancelled and returned, will tax be charged again?
Depending on when and how the property is returned, gift tax issues can arise again. We decide the timing and method of return together with a review by a tax accountant who cooperates with Jisan Law.
My brother took our father's registered seal and secretly registered a gift to himself.
If our father had no intention of making a gift, there was no gift at all, so the registration has no valid cause. Our father himself or his guardian can claim its cancellation, and if documents were fabricated to register it, we also consider criminal issues such as forgery of private documents or false entries in an authenticated original document.