• Title/Summary/Keyword: 일조권

Search Result 68, Processing Time 0.029 seconds

김동호 변호사의 법률 칼럼

  • 김동호
    • 주택과사람들
    • /
    • s.221
    • /
    • pp.88-89
    • /
    • 2008
  • 우리나라는 전통적으로 주택의 일조에 대한 가치를 인식하고 이를 주거 환경에 반영하려고 노력해왔다. 이 같은 태도는 현대에도 이어져 수요자들은 주택을 매수하거나 임차하려 할 때 주택의 가치를 판단하는 기준 중 하나로 주택의 일조를 꼽는다. 일조권 분쟁이 빈번하게 발생하는 요즘, 일조권 침해를 판단하는 기준에 대해 자세히 살펴보기로 한다.

  • PDF

A Study About a Trial for Damage of the Right to Sunshine in Apartments (공동주택의 일조환경 피해 판정에 관한 연구)

  • Kook, Joung-Hun;Jung, Eun-Jung;Kim, Jae-Soo
    • Journal of Korean Society of Environmental Engineers
    • /
    • v.29 no.4
    • /
    • pp.397-403
    • /
    • 2007
  • This paper presents the results of a case study of a dispute for the damage of the right to sunshine between B and W Apartment Complex in the N city. Recently a number of disputes for the right to sunshine increase in urban areas because the residents' demand for pleasant residential environment is getting stronger. In particular, problems related to sunshine, which were not recognized during the construction, have come up to the surface over time as people's concern over residential environment is growing. According to a recent interpretation of the right to sunshine in urban areas, moreover, there have been a series of legal decisions starting that damage of the right to sunshine to neighboring apartments must be indemnified for even if the violating apartment was designed and constructed legitimately according to relevant construction laws applied when the building was constructed. Thus this study examined the effects and the scope of damage on the right to sunshine through a case study in order to provide basic materials necessary to rope with related civil affairs.

Analysis of Daylight Availability Rights using 3D City-Model (3차원 도시모델을 이용한 건물 일조권 분석)

  • Yoo, Hwan-Hee;Goo, Sin-Hoi;Cho, Eun-Rae;Kim, Seong-Sam
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
    • /
    • v.25 no.2
    • /
    • pp.165-175
    • /
    • 2007
  • Nowadays, architecture in urban areas is dominated by the goal of spanning wide spaces and creating openings large enough to distribute daylight to building interiors. Daylight availability of building in city strongly depends not only on the building's height but also on spaces between buildings. Recently numbers of disputes over the daylight availability are increasing in high density developed areas because residents' demand for pleasant residential environment is getting stronger. Therefore in this study we constructed the three-dimensional information of buildings using LiDAR data connected with digital map and then suggested conclusions by applying it to daylight availability analysis. This study presents an approach to judge accurately the violation of a right to enjoy sunshine by using altitude and azimuths of the sun, simulating three-dimensional urban space precisely, and classifying the total duration of sunshine and the continuous duration of sunshine each householder. We expect that local government performs precisely the confirmation and permission business about urban planning and design by advising this approach.

The Influence of Geographical Features on Analyzing the Right to Daylight (지형요인에 의한 일조권 침해의 영향 분석)

  • Kim, Ji-Sook;Kim, Ho-Yong;Lee, Sung-Ho
    • Spatial Information Research
    • /
    • v.19 no.1
    • /
    • pp.21-28
    • /
    • 2011
  • With the recent overcrowding of metropolitan cities and people's increasing interest in housing environment, there are frequent disputes occurring over the right to daylight. In order to determine whether daylight has been encroached accurately. we need to consider the daylight change by the effect of the geographical features of the surrounding areas but most of the previous relevant studies overlooked this consideration. Thus, in order to determine the encroachment of daylight accurately, this study analyzed the change in the duration of daylight according to geographical features by applying the Hemispherical Viewshed Algorithm to Busan Metropolitan City. According to the results of the analysis, the minimum and average duration of daylight decreased with an increase of altitude by 50m. Second, according to the time bound designated by law, up to 78.6% of the area was influenced by the duration of daylight. Third, the geographical features of the surrounding areas had a significant effect on the duration of daylight. Accordingly, in order to analyze the right to daylight accurately, it is essential to consider the geographical features of the surrounding areas. Furthermore, the Hemispherical Viewshed Algorithm used in this study and the visible area of the sky obtained from the algorithm are considered helpful to analyze the influence of the geographical features of surrounding areas on the legal duration of daylight before analyzing the practical right to daylight.

Analysis of the Right of Light According to Construction (구조물 설치에 따른 일조권 영향 분석)

  • Choi, Hyun;Han, Byoung-Cheol;Son, Kyeong-Sook;Kang, In-Joon
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
    • /
    • v.22 no.2
    • /
    • pp.95-103
    • /
    • 2004
  • Recently, many troubles about the right of light have been arising ceaselessly as taller and more dense the buildings have been in the urban. The present time, the right of light is not stipulated legally. For solving above problems, there spend so too much lawsuit expenses and time on the damages about construction stopped and delayed, according to subjective decisions instead of scientific and rational solutions. The past studies of the right of light weren't based on the analytic data and depend on the simple view of point. So, those of studies gave trust to people hardly, only were treated as the ways on the decision about construction among non-engineers. Therefore, this paper studies the efficient solution of problems about the right of light through analysis about mass of sunlight according to season and the hour using a simulation technique on the civil construction.

Analysing Possible Air Rights Violations by Photographic Interpretations (사진을 활용한 공중권 침범 여부에 대한 해석)

  • Lee, In-hee
    • Proceedings of the Korea Contents Association Conference
    • /
    • 2011.05a
    • /
    • pp.481-482
    • /
    • 2011
  • 본 연구는 건설현장에서 일어날 수 있는 민사적 분쟁 중 공중권 침범여부를 사진과 영상으로 해석한 사례로 공중권은 일조권 마찬가지로 지상권을 획득한 다음 부수적으로 얻어지는 권리이지만, 이를 침해당하였을 경우 이것을 어떻게 입증하고 증명할 것인가에 대한 사진적 해석방법에 대한 연구이다.

  • PDF

Calculation of the Duration of Sunshine Using a Three-Dimensional Spatial Information Open Platform (3차원 공간정보 오픈 플랫폼을 활용한 일조 시간 산정)

  • PARK, Ji-Hye;SUH, Yong-Cheol
    • Journal of the Korean Association of Geographic Information Studies
    • /
    • v.20 no.3
    • /
    • pp.80-89
    • /
    • 2017
  • Due to urban growth and increasing population density, many large cities contain building forests. Moreover, due to increasing demands for pleasant residential environments, there is growing concern over the encroachment of sunshine. Although research on related laws and other related fields is emerging, there is a limit to the extent to which the public can easily determine the amount of sunshine per building without referral to specialized agencies. Therefore, in this study, the duration of sunshine per building object was calculated via a simulation of urban shaded area using a spatial information open platform application programming interface. The study area was the'L'apartment complex located in the new city, Haeundae, Busan, China. To perform the duration of sunshine simulation for three-dimensional urban spatial objects, the building height was extracted from pre-built three-dimensional spatial information data, and the position of the sun was determined from calculations of the altitude and azimuth of the sun. This study provides a more precise and easier method of judging whether sunshine is impeded from reaching buildings by quantitatively analyzing sunshine and classifying the total duration of sunshine and the continuous duration of sunshine on each object.