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| TITLE | Supreme Court Decision 2009Da40462 Decided February 27, 2014【Damages】 [full Text] |
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| Summary | |
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[1] The criteria in determining whether an obstruction of sunlight exceeds the level of tolerance under the social norm; and where the actual obstruction of light by a new building is considerably high beyond the level of tolerance under the social norms despite its formal compliance with regulations in the public laws at the time of construction, whether it is still deemed unlawful (affirmative) [2] In a lawsuit over interference with lifestyle interests, such as a sense of confinement or pressure arising from the views obstructed by a new building, the criteria in determining whether such obstruction of sunlight is unlawful for exceeding the level of tolerance under the social norms [3] Where Party B, as owners of certain units of Party A’s apartment complex, sought damages from obstruction of view against Party D, developer of Party C’s apartment complex which is newly built on the adjacent land, the case holding that the lower court erred by misapprehending the legal principles in determining that Party D’s construction of Party C’s apartment complex caused Party B to feel confined from the obstructed view beyond their level of tolerance, solely on the ground of the increase in the obstruction rate of view |
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