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A Study on the Endurance Limit of the View's Right

  • Korea Real Estate Review
  • 2010, 20(1), pp.69-85
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Choi, Hyung Suk 1 김황중 1

1수원대학교

Accredited

ABSTRACT

As the concern on the view's right and the needs to protect it legally increased, it is urgently needed to expand the established scope of it to the one including sky and make the judgement more quantitative and objective. This leads to a demand for more detail and objective standard for the endurance limit, adjusting established requisites for protecting view and theories on the endurance limit. The decision by Supreme Court in the Deokso Hyundai Apartment case impose some possibility of the approval for new sky view's right. The decision in the Oryun Villas case expands the scope of the protected right. It is recommend to introduce the sky view's right, a new concept for view and to perform in-depth study on it, considering various factors including the objectification of view's rate, the degree of mental and psychological damage due to pressure and loss of sense of openness, change in the value of real estate according the difference in sky view, detail endurance limit.

Citation status

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