Recent Court Verdicts Consolidate ‘Right of Light’
As apartments and communal houses are becoming more and more high-rise, disputes over the right of light are increasing. In relation to such dispute, the Ulsan District Court ordered a construction company to compensate nearly 3 billion won to 170 households for infringing the right of light. This case partially included compensation that was considered for infringing the prospect right and for other damages such as noise and dust from the construction. However, the point at issue of this lawsuit was definitely on the right of light. Hence, it can be easily suggested that the right of light was brought out as a significant case for legal rights.
Verdicts charging offenders responsible for infringing on the right of light have been handed down continuously throughout the year. The Busan District Court decided last May to restrict the number of stories of an apartment on the grounds that building a high-rise apartment would infringe on the right of light of a nearby school over the limit of social common sense. Last February, the Supreme Court admitted the fact that various buildings have infringed on the right of light of neighboring buildings on the time difference in a case of an apartment in Jangnim-dong, Saha-gu. Accordingly, it was decided that companies building apartments are ordered to pay in association the compensation money for the property of 46 households as well as nearly 220 million won of consolation money.
Busan has more chances for serious disputes over the right of light than any other district. Because Busan suffers from a great lack of housing sites, apartments will be built any time if some space on a residential street is available. Therefore, construction companies are faced with no other option than to build high-rise apartments to make the best use of the land. This would obviously result in friction with the neighborhood and lead to lawsuits.
The recent trend shows that the courts are generally handing down verdicts that are consolidating the right of light. Construction companies cannot and should not go against the current of the times. It is advisable to exclude any infringement factor of the right of light in advance. In case it is inevitable, they should be careful not to be involved anymore with disputes over the infringement of the right of light by engaging in persuasion and negotiation with the neighborhood, as the confrontation between residents and construction companies over the right of light is no more than an exhausting feud in the end.
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 / 입력시간: 2007. 02.02. 08:27
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