Lawsuit to relocate a grave and recover land over a boundary encroachment

A dispute arose over whether a grave belonging to a neighboring landowner encroached on the client's land, and the client sued for relocation of the grave and return of the land.

The court of first instance ruled against the client, relying on a court-ordered survey finding that the grave was located on the other party's land. Attorney Jaehoon Lee represented the landowner, who was the plaintiff, on appeal.

The key issues were the exact boundary between the adjoining parcels, whether the grave encroached on the client's land, and how to assess the reliability of the court's survey appraisal when conflicting survey results existed.

In particular, the questions were whether a survey appraisal that did not match earlier survey maps, the cadastral map and aerial survey data could serve as the basis for a judgment, and whether an objective re-appraisal was needed.

Attorney Lee compared and analyzed the results of several boundary surveys conducted in the past with the survey appraisal ordered by the court of first instance, and challenged the reliability of the appraisal on grounds including its inconsistency with the cadastral map and aerial survey data.

He also reviewed a statement of facts from the surveyor who had conducted an earlier survey, transcripts of recordings of the people involved, and photographs from the survey site to support the claim that the grave encroached on the client's land.

In addition, he explained to the court the questions surrounding how the survey data had been prepared and maintained and the status of a related investigation, and argued that a re-appraisal by an expert body independent of the original appraiser was needed.