조망권 정량화를 위한 기초적 연구 - 조망권 침해 관련 판례를 중심으로 -

Abstract

With increasing cultural-economic demands, we are experiencing increasing dispute cases of environment rights violation. There are many specific judicial precedents about the issue of Solar access right, which is clearly indicated in the rules of Building codes. However, it is difficult to find the cases of genuine debates or studies on the right of view yet. This paper is a basic study to examine objective standards of view right and quantitative judgment of its violation. Focusing on various judicial precedents, it tries to establish related terms, assess economic values, and deduce basic elements for the quantification of view right. Many cases of view right violation in collective housing have not been regally approved since they are mainly a matter of living benefits which are supposed not to have their economic values. However, the paper argues that it is surely required to study and discuss this issue now considering the market price of residence reflecting the view benefit. The physical elements for the quantification of view benefit, such as View Target, View Location and View Distance, can be connected with the national system of geographic information. It will be utilized to quantify the economic value of view targets or view points, and to supply the objective information of view conditions. Furthermore, it will be also used as valuable source for various urban planning.