Background
The new owner of the adjoining land sued our clients (the defendants), claiming that "your wall and the exterior wall of your building encroach on my boundary" and demanding demolition of the wall and exterior wall, delivery of the land, and return of unjust enrichment for the possession. Changchun represented our clients, the owners of the land and building.
The Issue — Is the Alleged Encroachment Actually Established?
The key question was whether the encroachment the other side alleged could be identified and proven by objective survey. Were encroachment found, it could lead to demolition of the wall and exterior wall and to substantial unjust enrichment.
How Changchun Helped
Changchun (attorney Donghwan Shin) contested the boundary and the state of possession closely, and steered the matter toward a resolution that ended the dispute at its root rather than an unreasonable demolition and delivery.
Outcome
By a court decision in lieu of mediation, it was "confirmed that the walls do not encroach on either party's boundary"; the other side abandoned its remaining claims and agreed to raise no objection whatsoever on the ground of boundary encroachment in future. Our clients emerged from the dispute without demolishing the wall or paying any money.
Boundary disputes between neighbors readily descend into a contest of feelings. Contesting the matter on the basis of the objective state of affairs can yield a definitive resolution that avoids demolition and compensation and settles the relationship as well. (Outcomes may differ depending on the facts of each matter.)