This study is to consider the theoretical investigation on the right to enjoy sunshine and how to compensate when infringed. Furthermore, this study is to minimize disputes on the right to enjoy sunshine by presenting the improvements as follows. Firs...
This study is to consider the theoretical investigation on the right to enjoy sunshine and how to compensate when infringed. Furthermore, this study is to minimize disputes on the right to enjoy sunshine by presenting the improvements as follows. First, Building law needs to be revised to Supreme Court precedents that suggested minimum standards on the right to enjoy sunshine. Second, Local governments are deemed to require sufficient review of construction lines upon construction permits. Third, it is impossible for those who bought the pre-sale housing to know the amount of the sunshine because pre-sale housing had not yet been completed. Moreover, it is difficult to predict accurate amount of sunlight in the case of big housing cluster. Eventually, these problems lead to complaints and disputes after moving in. Therefore, it is considered to be good alternatives to legislate to inform the amount of sunshine per unit accurately and to differentiate housing price considering the amount of sunshine.