경관이익의 법적 보호에 관한 연구 - 일본에서의 학설과 판례를 참조하여

• 영문명: The Legal Protection of the Right and Profit of Landscape
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이상욱(Sang-Wook Lee) 배성호(Sung-Ho Bae)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 403~426쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  The Profit of Landscape is gathering strength in legal dispute why the land owner used to be blessed with, are disturbed by the new-building. It has not common that there are not so many infringements in Korea, and many cases assert right to enjoy sunshine with right of outlook and privacy in legal proceedings. Generally, Profit of Landscape is a moral gain that has landscape to consist of good scenery and such a view from naturally. It is different from the benefit of having outlook so that it is the public benefits. In addition, the Profit of Landscape is also different from right of view own free will that made itself. In this paper, it demonstrated the existing Japanese cases which depict how the people protected the Profit of Landscape from other infringement and it also described due to the protection how the law should admit that right of environment and the right of view. On the other hand, theories explain that it is basically fundamental benefit about view, as well it contains benefit of personality or personal right. There is the problem when the land owner interpret the legal matters protected the Profit of Landscape. It wouldn’t know how to explain legal basis, however the answer can be the right of owing land. In Korea, the special Profit of Landscape that is different from environment right and right of view, it should be accepted. The legal basis is grounded on special right of benefit that can be adopted from the right of ownership. The passive infringement also is the same meaning as infringement of owner’s right, it is based on land ownership. Therefore it is living obstacle in accordance with the article 217 of civil law. It is expected judicial case to acknowledge the infringement of Profit of Landscape in the future.

목차

Ⅰ. 序論
Ⅱ. 日本에서 景觀利益의 法的 保護
Ⅲ. 우리나라에서 景觀利益의 法的 保護
Ⅳ. 結論에 갈음하여
【참고문헌】
【Abstract】

키워드

경관이익 조망이익 민법 제214조 민법 제217조 소극적 침해 관념적 침해 생활방해 The Profit of Landscape The Right of View The Benefit of Outlook The Article 214 of Civil Law The Article 217 of Civil Law The Passive Infringement The Infringement of the Mentality The Obstacle of Living