1. Case Overview

The client was facing continuous restrictions on land use due to a grave owned by another person located on their private property. The grave had been neglected for a long time, and smooth negotiations with the defendant were impossible, leading the client to file a lawsuit to resolve the matter legally. Because the opponent’s address was unclear and no actual management was occurring, the process of clearing the grave and restoring full land rights was inherently difficult.

2. Unique Aspects of the Case

This was not a simple grave removal suit but a complex matter starting with the difficulty of even identifying the opponent. Challenges included the unknown address and variables regarding "unclaimed grave" public notices. Furthermore, the core issue was the establishment of "Grave Base Rights". There was a high risk that the entire claim would be dismissed if only removal was argued, making this a high-difficulty case with an unpredictable outcome.

3. Legal Assistance Strategy

Law Firm Theo took a strategic approach from the start. First, we corrected the party designation by securing identification details and clearly identifying the opponent to enable the lawsuit. We then designed a dual-layered claim strategy:

• Primary Claim: Demanded land delivery and grave removal based on the non-existence of Grave Base Rights.

• Secondary (Alternative) Claim: In case Grave Base Rights were recognized, we claimed land usage rent.

This strategy ensured that regardless of the court’s judgment, the client’s rights would be substantially restored. We focused on pressuring the occupant via the obligation to pay rent, creating a structure that would eventually lead to the relocation of the grave.

4. Result of Assistance

The court ruled that the Grave Base Rights had not expired and did not grant the primary claim. However, the court accepted Law Firm Theo’s alternative claim, ordering the defendant to pay a monthly rent to the plaintiff starting from December 20, 2025, until the termination of occupancy. This case is significant because it established a continuous financial burden on the party neglecting the grave on private land. As rent accumulates, it creates significant pressure on the opponent, which is highly likely to lead to the eventual relocation of the grave and return of the land.

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