조망이익의 법적 보호 : 판례를 중심으로

If it is objectively acknowledged that an owner of a certain piece of land or a building has long enjoyed a view from such property as a value that has benefited his life, he shall be legally protected, and such benefit of the view, in principle, shall be legally protected only when a certain place is recognized to have a special value in looking out from that place, and when the owner or an occupant of such building is recognized to have the benefit of the view from that building that is so important that it shall be approved a socially accepted idea as an independent benefit, as in the case where a building is constructed on that property with the enjoyment of such benefit of the view as one of the important purposes, and in the case where the benefit of the view shall be legally protected, for an act of infringement the above benefit to be evaluated as a judicially illegal harmful act, the degree of the infringement of the above benefit shall go beyond the socially accepted limit. It can be said to ‘living benefits’ including sunlight, privacy and the view etc., and calculating property damages due to infringement of living benefits has gone beyond the generally accepted limit from socially accepted, it shall be first judged whether the acceptance limit has been exceeded through the consideration of the degree of infringement of individual living benefits in principle and then the amount of the compensation for damages shall be calculated based upon the living benefits that have gone beyond the acceptance limit. Finally, the protection of living benefits should be guaranteed by legislation.