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초록

영어

Nowadays, there is no doubt that enjoying sunshine is one of legal-right. But the matter of sunshine interruption is sometimes unavoidable depending on the extent and all the sunshine interruption must not be regarded as the infringement of the right to enjoy sunshine. For that reason, the legal problem of the system of civil remedy for a right to enjoy sunshine is more important. The construction laws and regulations works for the protection of right of sunshine with continuity. But on the part of victim, a remedy through individual decision based on civil law will be more effective on a definite and final method.
There are a variety of opinions about the legal nature of the right to enjoy sunshine and many arguments about the system of civil remaedy for a right of sunshine. In Korean civil law, problem of a right to enjoy sunshine is based on Article 217 that is the regulation of a relationship between neighbors.
If the degree of the sunshine interruption is over the limit of admission, the suffer can claim the damages or indemnity of which provision is based on Article 217 of the Civil law. The problem of damages relies on the code of tort ( Article 750 of the civil law ) because nothing is not mentioned on the damages or indemnity of a suffer in this provision.
On one hand, when an infringement of right of sunshine takes place due to conflict between ownership power between both adjacent lands, the legal basis of retention demand right at the time of infringement of right of sunshine is found to be sought from the performance demand right of the proper measure duty at the article 217 of the Civil law.
In the case that a joint tort between an existing and new bulding is not approved because the latter was built at a distance of time after the formew had been constructed, and the sunshine interruption by only an existing building did not exceed the limit of admission, the existing building is not responsible at all if the result of combined shadow after the construction of the new building exceeds the limit of admission.

목차

Ⅰ. 서론
 Ⅱ. 일조권에 대한 일반법리
  1. 일조권의 의의
  2. 일조권 침해의 특성
  3. 일조권의 비교법적 검토
  4. 일조권에 관한 법적 접근
 Ⅲ. 일조권 보호의 법적구성
  1. 유지청구의 법적구성
  2. 손해배상청구의 법적구성
 Ⅳ. 사법적 구제수단으로서의 손해배상청구
  1. 손해배상청구의 요건
  2. 손해배상의 종류와 범위
  3. 수인한도론
 Ⅴ. 복합일영(複合日影)
  1. 복합일영의 의의와 특성
  2. 복합일영에 있어서 책임의 분배
 Ⅵ. 결론
 참고문헌
 

키워드

일조권 복합일영 일조 방해 수인한도 적당조처의무 손해배상 right to enjoy sunshine sunshine interruption combinedshadow the claim for damages proper measure duty limitof admission

저자

• 이성진 [ Yi, Sung Jin | 경북대학교 대학원 법학과 박사과정 수료. ]

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