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| TITLE | Supreme Court Decision 2008Da23729 Decided June 24, 2010 [Damages] [full Text] |
|---|---|
| Summary | |
| [1] In case where sunshine blockage is already caused by another existing building, or the structure of the harmed building itself makes it difficult to secure sufficient sunshine, the criteria for determining whether sunshine blockage caused by the construction of a harming building exceeds an acceptable degree according to social conventional wisdom [2] In case where the sun shade of an existing building that does not exceed generally accepted limits combines with that of a newly erected adjacent building to cause sunshine blockage exceeding generally accepted limits, whether the owner of the existing building can be held liable for torts (negative), and if in this situation the above existing building is torn down and replaced by a harming building in its place, thus worsening the degree of sunshine blockage, whether tort liability can be sought for sunshine blockage caused by the newly erected harming building within the range that is already attributable to the existing building out of that (negative) [3] In a situation where a harmed building is already experiencing sunshine blockage from another existing building, but then the construction of a new harming building results in sunshine blockage for the harmed building that exceeds generally accepted limits and consequent loss in property value, the method to assess the amount of damages to be borne by the owner of the newly constructed building | |
