Analysis of lighting on the adjacent right case (two)

Yang Laidi and Shanghai Gaojing first middle school, adjacent relations disputes appeal

Shanghai second intermediate people's court
Civil judgment

(2002) Shanghai in China (people) a final word no. 319th

The appellant (the plaintiff) Yang Laidi.
Attorney: Wang Dinggen, lawyer of Shanghai jinma.
Appellee (defendant in the original instance) Shanghai Jiangwan real estate development company.
Legal representative: Gu Jiafu, general manager of.
Attorney: Chen Binghui, lawyer of Shanghai jiangnan.
Appellee (Trial third) Shanghai Gaojing first middle school.
Legal representative: Lu Yongkang, president.
Attorney: Chen Binghui, lawyer of Shanghai jiangnan.
The appellant Yang Laidi due to adjacent relations disputes case, the Shanghai Baoshan District people's Court (2001) Po issued Spain in the early Republican word no. 1018th civil judgment, and appealed to the hospital. This court formed a collegiate bench, held a public hearing of the case. The appellant Yang Laidi and agent Wang Dinggen, the Shanghai Jiangwan Real Estate Development Corporation, Shanghai Gaojing first middle school's attorney Chen Binghui to take part in the proceedings. Now the trial has been closed.
The court ruled that, Yang Laidi lived in a village high throughout the city and Shanghai City, No. 134 building high throughout the first middle school (hereinafter referred to as the high exit a) housing by Shanghai Jiangwan real estate development company (hereinafter referred to as the Jiangwan real estate development company) built. Gaojing village 134 building in 1993 July started construction, completed in November 1994. High exit a room in 1995 March started construction, completed in May 1996. The experiment building which the parties referred to the teaching building is 19.7 meters high, the building is built to avoid the river, moving northward a few meters, and on the north side of the Yang Laidi building spacing of 19 meters. In 1995 June, Yang Laidi of the original housing residents, from 844000 units arranged in Gaojing village 134 101 rooms, with an area of 74.52 square meters. In 2000 October, Yang Laidi obtains the house property. In 2001 February, Yang Laidi to the teaching building and housing spacing of 19 meters, and the building height of 19.7 meters, in violation of the "Regulations" Shanghai urban planning management techniques related to the distance towards the south, in Baoshan District is not less than the specified 1.2 times the height of the building to the South, from November to March of the following year no light sue to the court, the Jiangwan real estate company to order the demolition teaching building high part, or according to the prices of 40% compensation. The trial, the trial court commissioned Shanghai silver city planning consulting company shielding effect on the experimental floor high exit a sunshine analysis. The company made a "in 2001 May Yin high road high throughout the first middle school experimental building sunlight analysis report", confirm the Yang Laidi living is a village high exit No. 134 Room 101, the construction of experimental building before winter solstice in high territory in a valid sunshine time window is 9 and 5 to 15, another window 9 pm to 15 pm; high throughout the winter solstice in experimental building after building the effective sunshine time window for fourteen thirty-three to 15, another window to 15 at fourteen thirteen. The fact that "construction land planning permit", "integrated assessment unit project quality table", "housing allocation of single", "real estate", "Yin high road high throughout the first middle school experimental building sunlight analysis report" and the statements of both parties and other evidence.
The court thinks, immovable property or the use of all people in the construction of houses, should maintain an appropriate distance or restrict the proper height and the adjacent side of the house, shall be without prejudice to the adjacent side of the ventilation and lighting. Jiangwan real estate company in the construction of a high throughout the experiment building, did not pay attention to maintain a proper distance with the Yang Laidi building, the Yang Laidi house lighting hindered, should assume civil liability, or reduce the high throughout the experiment building height, meet Yang Laidi house lighting requirements, or to give Yang Laidi the economic compensation, make up the Yang Laidi caused by lighting inadequate loss. Considering the high exit in a laboratory building is the educational facilities, reduce its height will affect a large number of students' learning life, cause undesirable consequence is larger, the award of Jiangwan real estate companies to give Yang Laidi some economic compensation. But Yang Laidi asked for compensation, according to the price of 40% is too high, it is difficult to apply. Jiangwan real estate company voluntary compensation Yang Laidi 30000 yuan with the specific circumstances, be permitted. Accordingly judgment: Shanghai Jiangwan Real Estate Development Corporation, compensation for Yang Laidi 30000 yuan, paid within ten days from the date of entry into force of the decision.
The verdict against Yang Laidi, to the court filed an appeal, the appellant in the original trial for "interference", did not put forward the economic compensation for the original court, not according to the appellant's request to hear the case; the appellee housing does not keep space in accordance with the relevant provisions and adjacent houses, damaged the appeal the ventilation lighting right. The appellant insisted that the appellee demolition of super high buildings, removal of obstacles. Request to cancel the trial court.
The appellee high territory in Jiangwan, a real estate company argued: due to special reasons the appellee's the appellant's housing lighting is affected, the appellee corresponding civil liability without objection. High exit in a teaching building such as the demolition will involve students with learning problems, and according to our country "The general principles of the civil law"Regulations, economic compensation is a way to appeal to people to bear civil liability, the court made the judgment is to be perfectly logical and reasonable legal. Request the court of appeal upheld the decision.
The court hearing, the trial, Yang Laidi claim to "eliminate the obstruction, demolition of a teaching building environment in ultra high part". The fact that Yang Laidi's civil complaint, the court records.
In the process of the court, the appellee Jiangwan real estate companies voluntarily in the trial court compensation amount to give economic compensation to the appellant Yang Laidi housing construction area of 100 yuan per square metre.
Other facts the court found no error, both parties have no objection, the court for confirmation.
This house believes that, real property adjacent to the parties, should be in accordance with the production, convenient life, solidarity, the spirit of fair and reasonable relation between the neighboring right. The appellant Jiangwan real estate company in spite of the planning department approval, but in the construction of high throughout the experiment building a process, not in strict accordance with the "Regulations" Shanghai urban planning management technical regulations on housing spacing distance between the experiment building and the appellant Yang Laidi house, the appellant Yang Laidi lighting affected, should bear civil liability. Although Yang Laidi did not put forward the requirements of the economic compensation claims in the original trial, but the court considering the removal of school laboratory building will affect many students learning situation, causing adverse consequences, ordered by the appellant Jiangwan real estate companies bear the economic compensation responsibility does not violate "The general principles of the civil law of the people's Republic of ChinaThe relevant provisions of the ". In the process of the court, based the appellee Jiangwan real estate companies voluntarily by economic compensation in the original trial to give economic compensation to the appellant Yang Laidi housing construction area of 100 yuan per square metre. The request was not contrary to the Institute, to be permitted to. In summary, the appellant appeals, lack of evidence, the court can not support. Accordingly, in accordance with the "Civil Procedure Law of the people's Republic of China"ArticleArticle one hundred and fifty-threeRegulation, the decision as follows:
A people's Court of Baoshan District, Shanghai, maintain (2001) Po issued Spain in the early Republican word no. 1018th civil judgment.
Two, Shanghai City, Jiangwan Real Estate Development Corporation, should be in ten days after the entry into force of this decision within the appellant Yang Laidi compensation 7452 yuan.
The case acceptance fee of RMB 50 yuan, by the appellant Shanghai Jiangwan Real Estate Development Corporation, burden.
This judgment is the final judgment.

Chief justice Gu Huizhong
Judge Qian Wei
Acting judge Gu Jihong
Two hundred two years in February 25th
The clerk Cao Yong
The clerk Jin Jie