A South Korean court has ruled that an inheritance agreement signed by a man recovering from heart surgery is invalid, saying it was signed under coercion from his children.
According to the Suwon District Court, the three plaintiffs — his children — argued that their father should honor an April 2023 agreement to give them the proceeds from the sale of his apartment, which was to be completed by July 10. The contract also stated that if the father was found hiding "even 1 won" of assets, he must transfer them within a week.
The defendant, a wealthy businessman and company founder, had already passed on assets worth 1.6 billion won (about $1.16 million) to his children by 2022. After his wife's death, he lived in the apartment with his girlfriend. The plaintiffs argued that the couple should not be living in a property still partly under their late mother's name and demanded ownership.
The apartment was sold for 2.9 billion won. Of that, 1.8 billion won was used by the father to purchase a new unit in a commercial-residential building, which he legally designated to his grandchildren. However, his children sued him, demanding the entire 2.9 billion won.
Court: Agreement signed under duress, invalid
The court ruled that the contract is void, citing clear evidence of coercion. It noted that the man signed the agreement just 12 hours after having heart surgery, at 1 a.m., while still in poor physical condition.
"It appears the plaintiffs pressured their father into signing the agreement while he was unwell. Given the circumstances and terms, the contract violates ‘good morals and social order,’" the court said, citing Article 103 of the Civil Act, which nullifies acts contrary to public morality.
The court added that the children's behavior — such as checking their father's finances, including any hidden assets, through his company employee — was “abnormal and emotionally damaging,” and likely impaired his judgment.
minsikyoon@heraldcorp.com
