조망방해와 사법적 구제

Abstract

Nowadays, the disputes related to a view are increasing between a landowner and a adjoining landowner. In the absence of the statutes connected with the right of a view, we cannot find no compelling reason to recognize an enforceable right of view over private property. So far, the right of a view has not been as a independent interest or right. The most petitions have alleged interference with light and view at the same time. This action of a view interest is a matter of immission in Germany, a matter of nuisance in America. Korean courts have recognized the necessity of the protection of a view. We can find that a few lower court accepted the concept of the right of a view and related damages. In the tort law system of KBGB, which does not call for the infringement of the right as a requisite of tort, it is not difficult to admit the damages caused by the obstruction of a view. The subject matter, in case of the obstruction of a view, is to acknowledge the injunction. which can be appropriate remedy in nuisance. A few theories has tried to suggest grounds for injunction. There are property theory, environmental right theory, personal right theory, tort theory, business interest theory. In case of sunlight, the Supreme Court approved of the injunction in the bases of the ownership. The court have weighed the illegality of cases according to the limit of admission. In this thesis, I suggest that the right of a view is a mixed environmental right which has a few character, that is, personal interest and property interest and business interest. Being low level interference, the interference of a view has difficulty in acquiring the injunction, though court could admit damages.