조망권의 민사법적 보호에 관한 연구

Abstract

People have the right to live at the comfortable surroundings. The benefit of a view is to enjoy a good scenery as this kind of right. It has the profit of business, living and Property. The party strife for a infringement of a right to enjoy scenery, the most recent, is on the increase gradually. A safeguard of a right to enjoy scenery is acknowledged when the Property connected with it is encroached by a trespasser. A protection extent also is disposed to spread toward the right to enjoy scenery of a residence area. A precedent has been tended to recognize a right to enjoy scenery, but the requisites for legal protection of that are more strict than a right to enjoy sunshine. The requisite of a court for protection of a view will be different largely because of being a qualitative difference in a contents of othersright limitation when a sufferer asserts a claim for damages and an obstacle exclusion on the basis of a benefit of a view. To recognize what kind of a legal protection for a view, they have to judge concretely in comparison with the value of a prospect and another interests conflicting with it. The legal conditions of a view protection demand to exist a valuable scene in general, for the place advantage be depended on a proper lookout, harmonize with a land utilization and its outskirts in the benefit of a view and for a rightful person to have the reasonable authority to possess in a use the place. A sufferer can claim injunction when the infringement of a view happens widely, objectively besides subjective disturbance. When scenery is encroached, that is generated the damage for the profit of business, living and Property. In such a case, a sufferer can demand damages and injunction by civil law.