Data source
Date of text
28 Jun 2007
Seat of court
Seoul
Original language

English

Type of text
National - higher court
Reference number
2004Da54282
Court name
Supreme Court
Justice(s)
Kim Ji-hyung
Koh Hyun-chul
Yang Sung-tae, Jeon Soo-ahn
Sources
InforMEA

The required condition(s) for the benefit of a view to be legally protected.

The required condition(s) and standard for an act of infringement of the benefit of the view to be evaluated as a judicially illegal harmful act

 In a case where there was land owned by another party between the view and the building that enjoys the benefit of the view, if there is no building constructed on that land or if there are only low buildings which made it possible to enjoy the view through that another party's land, whether infringement of the benefit of the view due to construction of the new building on that land is approved (negative in principle) 

The case where the benefit of the view that has become available by artificially equipping an ordinary area with special facilities shall not be legally protected, for example, by constructing ten story buildings behind the five story apartment building to secure the view of Han River

 The standard of judgment in determining whether in the blockage of direct sunlight due to the construction of a new building is deemed to be an illegal harmful act, and whether the act went beyond the socially accepted limits

(Source: Republic of Korea Supreme Court, https://eng.scourt.go.kr/eng/supreme/decisions/NewDecisionsView.work?seq=246&mode=6 , last accessed 18/07/2018)