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Prospect Right Infringement and Claim for Damage - Laying stress on 54282 judgments both Supreme Court 2007.6.28 pronouncement 2004 -

  • DONG-A LAW REVIEW
  • 2007, (40), pp.187-215
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Tae-Choil 1

1동아대학교

Candidate

ABSTRACT

Prospect right is not defining by law in area the administration of justice enemy up to now in spite of actuality that is reflected greatly in increases of a lot of social interest and prices of real estate. Because prospect right can be recognized from dimension of everyday life to private value, will have to be decided because make this and margin of other value and comparison prison term that collide because various specific private plan, that is, view evaluates having value treating about will recognize some legal patronage. But, that view and spectacle do not have special meaning and view grows worse simply this for reason juridical patronage receive may . That particular place has value of special fowling net in the place, and it is thing of degree to have common realization from society general etc. may have to be premised, and decide whether is worth examining and protect legally several essential factors furthermore. Usually, it is 「specification place is had special value for fowling net in the place, and recognizes into profit to be guarded perfume for profit of this view in legal viewpoint in case of is recognized that have one importance that perfume of view profit in the building should be approved as socially accepted idea prize individual profit by occupant instead of owner of relevant building as building is built in the place for purose is important」. Such Prospect right infringement is commutation of relief the administration of justice enemy as infringement of private margin. Administration of justice enemy about infringement of view profit, can hear demand of disturbance exclusion disturbance courtesy call or a compensation for damage relief, and is brought much in form of claim for damages. The Supreme Court have looked tendency that do not recognize by special title seeing prospect right on secondary right of right to sunshine, but change has been seen in the situation recently. Only, that specific place has special value about view and enjoys view profit such as it that is built by importance purpose that can recognize prospect right only circumscriptively in occasion speak. Thus, 2007 in present that the dispute events that is occurred by collision with other right because prospect right and the prospect right that value attaches the property enemy actually are infringed are increasing 2007. 6.23. I wish to study damage reparations problems about prospect right infringement examining proclaimed Supreme Court 2004da54282 judgment.

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