Background
Our clients were three co-owners of a parcel of forest land in South Chungcheong Province. They had obtained a final judgment ordering Mr. B, who was using part of the land, to remove steel materials and waste, take out a sewer pipe, and hand over the land.
Between December 2021 and April 2023, while carrying out that judgment, Mr. B used an excavator to dig well beyond where the sewer pipe lay. This left a trench about 1 meter wide and more than 100 meters long, which he never restored. Mr. B died in November 2023, leaving four joint heirs.
What Was at Stake
Although the removal was court-ordered, the questions were who was responsible for damaging the land beyond what was necessary, how much the damage was, and how liability should be divided among the heirs.
How Changchun Helped
Changchun sued the four heirs for damages, confirmed the restoration cost through a court-appointed appraisal, and amended the claim accordingly. The court accepted the plaintiffs' position.
Negligent damage to property. Digging a trench where no pipe lay and leaving it unrestored was a tort.
Restoration cost as the loss. Based on the appraisal, the court recognized KRW 9,136,643 in restoration costs as the loss.
Liability by inheritance share. Each heir was ordered to pay according to his or her inheritance share and each client's co-ownership share.
Outcome
In June 2025, the first-instance court limited liability to 90%, finding that the loss included some damage that normal restoration would have caused anyway. It ordered the heirs to pay a total of KRW 8,222,978 (KRW 9,136,643 × 90%) plus delay interest. The heirs bear 90% of the litigation costs and our clients 10%. After the judgment became final, our clients applied to fix approximately KRW 7.87 million in litigation costs, including appraisal fees.
Even when removal is court-ordered, damaging the land in the process can create separate liability, and an appraisal of restoration costs makes the loss concrete. (Outcomes depend on the facts of each case.)