[Key words] civil / adjacent relationship / light blocking / lighting right / compensation
[introduction to the lawyer of this case] song Chunyu is a practicing lawyer of Liaoning Tongfang law firm. Good at banking, finance, legal compliance and risk control, creditor's rights and debts, contract disputes, construction projects, real estate disputes and other legal services. Familiar with litigation and execution work in civil and commercial fields, and have years of experience in legal counsel and service.
[key points of judgment] according to Article 64 of the Civil Procedure Law of the people's Republic of China and Article 90 of the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China, the parties have the responsibility to provide evidence for their own claims. If the parties fail to provide evidence or the evidence is insufficient to prove their factual claims, the parties with the burden of proof shall bear the adverse consequences. In this case, the plaintiff believes that the project built by the defendant is shaded and infringes on its lighting right, but the evidence provided by the plaintiff can not prove the fact that the light is blocked, that is, the plaintiff's complaint is not supported by the court because of insufficient evidence.
[basic case] the case of the plaintiff Cui against the defendant XX Real Estate Development Co., Ltd. (hereinafter referred to as XX company) concerning the adjacent relationship dispute was filed and accepted by the people's Court of XX district. After the case was filed and accepted, the people's Court of XX district held a public hearing in accordance with the summary procedure.
The plaintiff Cui's claims are as follows: 1. Because the defendant's development of a certain project has blocked the light of the plaintiff's house, the plaintiff requests the defendant to make compensation according to the light blocking compensation standard of Shenyang City. The amount is × square meter × 600= × Yuan; 2. The litigation costs shall be borne by the defendant. Facts and reasons: the defendant's developed and completed XX project community has seriously blocked the plaintiff's living in XX community. × In, the defendant compensated some owners according to the light blocking report issued by his own family. However, since most owners of the community questioned the light blocking report and went to the sub district office to defend their rights, the sub district office entrusted company a to × year × month × On the cold day, he went to a certain residential area where the plaintiff lived to measure the light on the spot and issued and publicized the sunshine analysis report. According to the conclusion of the photometry report, the owners of the photometry are divided into four categories. The ones marked in red are those with full window sunshine time less than 2 hours and specific data, which have been registered for compensation; Those with black marks do not meet the compensation conditions for 2 hours; Those marked in dark blue are not included in the light metering range (mainly for the store room); The light blue signs indicate that the sunshine time of the full window is less than 2 hours, but the specific data is lost (the specific shooting data is lost due to the internal reasons of company a). At present, the defendant has no explanation and compensation intention to the owners of these light blue signs. Since most of the owners with the same light blue logo have × In, some of our owners who did not receive compensation sued the defendant for compensation.
The defendant XX argued that: 1. According to the evidence submitted by the plaintiff and in combination with the evidence of the defendant, the plaintiff's house does not have light blocking, the appraisal method of the appraisal report issued by company a claimed by the plaintiff does not meet the legal requirements, and the plaintiff's house does not have light blocking in the appraisal report; 2. According to the requirements of Article 27 of No. 64 document of Shenyang municipal government issued by the defendant, the sunshine impact analysis report must be made by a legally qualified unit using the genuine software identified by the national construction administrative department. According to the sunshine analysis report issued by the defendant, the plaintiff's house does not have light blocking. According to this, the defendant believes that the plaintiff's property does not block the light, and requests the court to reject the plaintiff's claim.
[judgment result] the plaintiff Cui's claim was rejected.
[reason for adjudication] in this case, the plaintiff Cui is the owner of the house of XXX (with a building area of 43 square meters) in Heping District, Shenyang. The defendant developed and constructed the "XXX" project. The plaintiff claimed that its window number XXX was covered by the above project built by the defendant, and the plaintiff claimed compensation from the defendant.
During the trial, the plaintiff submitted the house property certificate and the sunshine analysis report issued by company a to the court. In the report, "window level number not meeting sunshine duration" does not include the window level mentioned by the plaintiff. The defendant submitted the "sunshine analysis report" issued by company B to the court, which stated that the plaintiff's window position bxxx XXX was 4:04 on the left end of the building（ ×：×-×：×）、 Left end after construction 3:47（ ×：×-×：×）， Right end before construction 2:23（ ×：×-×：×）、 Right end after construction 2:23（ ×：×-×：×）， Full window before construction 2:23（ ×：×-×：×）， Full window after construction 2:23（ ×：×-×：×）。 Window level B ×-× Left end before construction 5:35（ ×：×-×：×）、 Left end after construction 4:17（ ×：×-×：×）， Right end before construction 5:34（ ×：×-×：×）、 Right end after construction 4:15（ ×：×-×：×）， Full window before construction 5:33（ ×：×-×：×）， Full window after construction 4:14（ ×：×-×：×）。
(1) In this case, the appraisal method provided by the plaintiff for the appraisal report issued by company a is video shooting, which does not meet the legal requirements, and the plaintiff's house does not have the light blocking fact in the appraisal report.
(2) According to the requirements of Article 27 of No. 64 document of Shenyang municipal government issued by the defendant, the sunshine impact analysis report must be made by a legally qualified unit using the genuine software identified by the national construction administrative department. According to the sunshine analysis report issued by the defendant, the plaintiff's house does not have light blocking.
(3) According to Article 24 of the regulations on the management of residential building spacing and residential sunshine in Shenyang: "except that the sunshine of the original residential buildings is less than 2 hours and the new buildings do not affect the sunshine, if the new buildings block the sunshine of the surrounding original residential buildings, it shall be ensured that the sunshine of the blocked residential buildings is not less than 2 hours on the cold day."
[relevant law] Article 64 of the Civil Procedure Law of the people's Republic of China: "the parties have the responsibility to provide evidence for their own claims."
Article 90 of the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China: "the parties shall provide evidence to prove the facts on which their claims are based or the facts on which they refute the claims of the other party, unless otherwise provided by law."
Article 24 of the regulations on the management of residential building spacing and residential sunshine in Shenyang City: "except that the sunshine of the original residential buildings is less than 2 hours and the newly built buildings do not affect the sunshine, if the newly built buildings block the sunshine of the surrounding original residential buildings, it shall be ensured that the sunshine of the blocked residential buildings is not less than 2 hours on the cold day."
[lawyer's opinion] (1) in civil litigation cases, the party with the burden of proof shall provide sufficient evidence to prove the facts of the case. If the party who bears the burden of proof fails to provide sufficient evidence to prove the facts claimed, it shall bear the legal consequences of failure to provide evidence. In this case, the plaintiff claimed that the defendant's project caused light blocking to the house where he lived and claimed compensation from the defendant. Therefore, the plaintiff should provide sufficient evidence to prove the existence of light blocking. If the plaintiff fails to provide sufficient evidence to prove the facts on which his claim is based, the plaintiff shall bear the legal consequences of the failure to provide evidence in this case.
(2) When the parties bring a lawsuit to safeguard their rights, they shall ensure the authenticity, relevance and legality of the evidence. First, objective authenticity, which means that the litigation evidence must be objective facts that can prove the truth of the case and do not depend on subjective consciousness. Second, the relevance of evidence, which means that the fact as evidence is not only an objective existence, but also it must be logically related to the facts to be ascertained in the case, so as to explain the facts of the case. Third, the legitimacy of evidence, which means that evidence must be provided by the parties in accordance with legal procedures, or investigated, collected and examined by legal organs and legal personnel in accordance with legal procedures.
(3) In litigation cases, the evidence materials with special requirements such as laws and regulations shall meet the legal requirements. In this case, the identification method provided by the plaintiff for the identification report issued by company a is video shooting, which does not meet the statutory requirements. The sunshine impact analysis report provided by the defendant entrusted company B to the institute according to the requirements of Article 27 of Shenyang municipal government's No. 64 document of 2006 on the management of residential building spacing and residential sunshine in Shenyang was made by the legally qualified unit using the genuine software identified by the national construction administrative department, which complies with the legal provisions.
(4) Daylighting right usually refers to the right of the owner or user of the house to obtain an appropriate light source from the outside. If the owner of the house considers that his / her lighting right has been infringed and claims compensation through civil litigation, he / she shall pay attention to certain conditions. According to Article 24 of the regulations on the management of residential building spacing and residential sunshine in Shenyang: "except that the sunshine of the original residential buildings is less than 2 hours and the new buildings do not affect the sunshine, if the new buildings block the sunshine of the surrounding original residential buildings, it shall be ensured that the sunshine of the blocked residential buildings is not less than 2 hours on the cold day."
(5) Before the construction of the project, the real estate development company shall pay attention to and fully consider the protection of the lighting rights of the surrounding residents, so as to avoid lawsuits and compensation cases arising therefrom.
[introduction to the lawyer of this case] song Chunyu is a practicing lawyer of Liaoning Tongfang law firm. Good at banking, finance, legal compliance and risk control, creditor's rights and debts, contract disputes, construction projects, real estate disputes and other legal services. Familiar with litigation and execution work in civil and commercial fields, and have years of experience in legal counsel and service.
[key points of judgment] according to Article 64 of the Civil Procedure Law of the people's Republic of China and Article 90 of the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China, the parties have the responsibility to provide evidence for their own claims. If the parties fail to provide evidence or the evidence is insufficient to prove their factual claims, the parties with the burden of proof shall bear the adverse consequences. In this case, the plaintiff believes that the project built by the defendant is shaded and infringes on its lighting right, but the evidence provided by the plaintiff can not prove the fact that the light is blocked, that is, the plaintiff's complaint is not supported by the court because of insufficient evidence.
[basic case] the case of the plaintiff Cui against the defendant XX Real Estate Development Co., Ltd. (hereinafter referred to as XX company) concerning the adjacent relationship dispute was filed and accepted by the people's Court of XX district. After the case was filed and accepted, the people's Court of XX district held a public hearing in accordance with the summary procedure.
The plaintiff Cui's claims are as follows: 1. Because the defendant's development of a certain project has blocked the light of the plaintiff's house, the plaintiff requests the defendant to make compensation according to the light blocking compensation standard of Shenyang City. The amount is × square meter × 600= × Yuan; 2. The litigation costs shall be borne by the defendant. Facts and reasons: the defendant's developed and completed XX project community has seriously blocked the plaintiff's living in XX community. × In, the defendant compensated some owners according to the light blocking report issued by his own family. However, since most owners of the community questioned the light blocking report and went to the sub district office to defend their rights, the sub district office entrusted company a to × year × month × On the cold day, he went to a certain residential area where the plaintiff lived to measure the light on the spot and issued and publicized the sunshine analysis report. According to the conclusion of the photometry report, the owners of the photometry are divided into four categories. The ones marked in red are those with full window sunshine time less than 2 hours and specific data, which have been registered for compensation; Those with black marks do not meet the compensation conditions for 2 hours; Those marked in dark blue are not included in the light metering range (mainly for the store room); The light blue signs indicate that the sunshine time of the full window is less than 2 hours, but the specific data is lost (the specific shooting data is lost due to the internal reasons of company a). At present, the defendant has no explanation and compensation intention to the owners of these light blue signs. Since most of the owners with the same light blue logo have × In, some of our owners who did not receive compensation sued the defendant for compensation.
The defendant XX argued that: 1. According to the evidence submitted by the plaintiff and in combination with the evidence of the defendant, the plaintiff's house does not have light blocking, the appraisal method of the appraisal report issued by company a claimed by the plaintiff does not meet the legal requirements, and the plaintiff's house does not have light blocking in the appraisal report; 2. According to the requirements of Article 27 of No. 64 document of Shenyang municipal government issued by the defendant, the sunshine impact analysis report must be made by a legally qualified unit using the genuine software identified by the national construction administrative department. According to the sunshine analysis report issued by the defendant, the plaintiff's house does not have light blocking. According to this, the defendant believes that the plaintiff's property does not block the light, and requests the court to reject the plaintiff's claim.
[judgment result] the plaintiff Cui's claim was rejected.
[reason for adjudication] in this case, the plaintiff Cui is the owner of the house of XXX (with a building area of 43 square meters) in Heping District, Shenyang. The defendant developed and constructed the "XXX" project. The plaintiff claimed that its window number XXX was covered by the above project built by the defendant, and the plaintiff claimed compensation from the defendant.
During the trial, the plaintiff submitted the house property certificate and the sunshine analysis report issued by company a to the court. In the report, "window level number not meeting sunshine duration" does not include the window level mentioned by the plaintiff. The defendant submitted the "sunshine analysis report" issued by company B to the court, which stated that the plaintiff's window position bxxx XXX was 4:04 on the left end of the building（ ×：×-×：×）、 Left end after construction 3:47（ ×：×-×：×）， Right end before construction 2:23（ ×：×-×：×）、 Right end after construction 2:23（ ×：×-×：×）， Full window before construction 2:23（ ×：×-×：×）， Full window after construction 2:23（ ×：×-×：×）。 Window level B ×-× Left end before construction 5:35（ ×：×-×：×）、 Left end after construction 4:17（ ×：×-×：×）， Right end before construction 5:34（ ×：×-×：×）、 Right end after construction 4:15（ ×：×-×：×）， Full window before construction 5:33（ ×：×-×：×）， Full window after construction 4:14（ ×：×-×：×）。
(1) In this case, the appraisal method provided by the plaintiff for the appraisal report issued by company a is video shooting, which does not meet the legal requirements, and the plaintiff's house does not have the light blocking fact in the appraisal report.
(2) According to the requirements of Article 27 of No. 64 document of Shenyang municipal government issued by the defendant, the sunshine impact analysis report must be made by a legally qualified unit using the genuine software identified by the national construction administrative department. According to the sunshine analysis report issued by the defendant, the plaintiff's house does not have light blocking.
(3) According to Article 24 of the regulations on the management of residential building spacing and residential sunshine in Shenyang: "except that the sunshine of the original residential buildings is less than 2 hours and the new buildings do not affect the sunshine, if the new buildings block the sunshine of the surrounding original residential buildings, it shall be ensured that the sunshine of the blocked residential buildings is not less than 2 hours on the cold day."
[relevant law] Article 64 of the Civil Procedure Law of the people's Republic of China: "the parties have the responsibility to provide evidence for their own claims."
Article 90 of the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China: "the parties shall provide evidence to prove the facts on which their claims are based or the facts on which they refute the claims of the other party, unless otherwise provided by law."
Article 24 of the regulations on the management of residential building spacing and residential sunshine in Shenyang City: "except that the sunshine of the original residential buildings is less than 2 hours and the newly built buildings do not affect the sunshine, if the newly built buildings block the sunshine of the surrounding original residential buildings, it shall be ensured that the sunshine of the blocked residential buildings is not less than 2 hours on the cold day."
[lawyer's opinion] (1) in civil litigation cases, the party with the burden of proof shall provide sufficient evidence to prove the facts of the case. If the party who bears the burden of proof fails to provide sufficient evidence to prove the facts claimed, it shall bear the legal consequences of failure to provide evidence. In this case, the plaintiff claimed that the defendant's project caused light blocking to the house where he lived and claimed compensation from the defendant. Therefore, the plaintiff should provide sufficient evidence to prove the existence of light blocking. If the plaintiff fails to provide sufficient evidence to prove the facts on which his claim is based, the plaintiff shall bear the legal consequences of the failure to provide evidence in this case.
(2) When the parties bring a lawsuit to safeguard their rights, they shall ensure the authenticity, relevance and legality of the evidence. First, objective authenticity, which means that the litigation evidence must be objective facts that can prove the truth of the case and do not depend on subjective consciousness. Second, the relevance of evidence, which means that the fact as evidence is not only an objective existence, but also it must be logically related to the facts to be ascertained in the case, so as to explain the facts of the case. Third, the legitimacy of evidence, which means that evidence must be provided by the parties in accordance with legal procedures, or investigated, collected and examined by legal organs and legal personnel in accordance with legal procedures.
(3) In litigation cases, the evidence materials with special requirements such as laws and regulations shall meet the legal requirements. In this case, the identification method provided by the plaintiff for the identification report issued by company a is video shooting, which does not meet the statutory requirements. The sunshine impact analysis report provided by the defendant entrusted company B to the institute according to the requirements of Article 27 of Shenyang municipal government's No. 64 document of 2006 on the management of residential building spacing and residential sunshine in Shenyang was made by the legally qualified unit using the genuine software identified by the national construction administrative department, which complies with the legal provisions.
(4) Daylighting right usually refers to the right of the owner or user of the house to obtain an appropriate light source from the outside. If the owner of the house considers that his / her lighting right has been infringed and claims compensation through civil litigation, he / she shall pay attention to certain conditions. According to Article 24 of the regulations on the management of residential building spacing and residential sunshine in Shenyang: "except that the sunshine of the original residential buildings is less than 2 hours and the new buildings do not affect the sunshine, if the new buildings block the sunshine of the surrounding original residential buildings, it shall be ensured that the sunshine of the blocked residential buildings is not less than 2 hours on the cold day."
(5) Before the construction of the project, the real estate development company shall pay attention to and fully consider the protection of the lighting rights of the surrounding residents, so as to avoid lawsuits and compensation cases arising therefrom.
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