Earticle

초록

영어

Population growth requires efficient use of lands, and damage to the right to enjoy sunshine or to the prospect becomes remarkable issues. Although the right to enjoy sunshine is not included in typical issues of environmental invasion, issues on it have a common characteristic as a kind of environmental invasion. In other words, damage to the right to enjoy sunshine is constant like environmental invasion behaviors, and it is possible to perform invasive behaviors even by legal exercise of rights of offenders. This is an example for explaining the right to enjoy sunshine: a resident of a north building who enjoys sunshine through the space of adjacent south land is invaded of his right on the sunshine when one who has the right to use the south land builds a building or other structures that screen the sunshine, and then the resident may claim his right to have certain amount of sunshine. Practically issues on damage to the right to enjoy sunshine should be secured through judicial redemption of rights, and therefore, Korean courts have presented relevant judicial precedents, though not plenty. In this study the author considered the legal structure of lawsuit for claim for damages and the criteria on unbearable pain, centering on judicial precedents.

목차

Ⅰ. 問題의 所在
 Ⅱ. 判例의 檢討
  1. 일반상업지역 내에서의 일조침해의 경우
  2. 일조권 등을 침해 받고 있는 피해건물에 입주한 경우
  3. 주거지역 내에서의 일조침해의 경우
  4. 사찰 등의 일조방해의 경우
 Ⅲ. 判例의 分析
  1. 의의와 필요적 이익
  2. 일조침해에 대한 배상소송의 법적구성
  3. 수인한도의 판단기준
  4. 일조침해시 손해액 산정의 기준
  5. 피해자들이 거주하는 아파트 시공회사의 책임
 Ⅳ. 結論
 參考文獻
 Abstract

키워드

일조권 수인한도론 환경침해 손해배상청구권 상린관계설 불법행위설 일조권 분쟁 Right to enjoy sunshine Theory of unbearable pain Environmental invasion Right to claim for damages Theory of neighborhood relations Theory of unlawful behaviors Building in dispute

저자

• 金正振 [ 김정진 | 中國政法大學 民商經濟法學院 博士課程, 法學碩士. ]

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