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(영문) 서울고등법원 2015.02.27 2013나67602

부당이득금 반환 등

Text

1. The plaintiffs and the successors against the defendant Korea Asset Trust Co., Ltd. and the defendant at the trial.

Reasons

1. The reasoning for the court's explanation on this part is that "A Co., Ltd. (hereinafter "Defendant A") was added to "A" No. 102-7 as evidence recognizing the basic facts under paragraph (1) among the grounds for the judgment of the court of first instance, and "A" was changed to "A, a rehabilitation debtor Co., Ltd. (ER Co.,, Ltd.) on July 27, 201, and A took over the proceedings of this case on October 17, 2013, EP and Q, a joint management of the debtor A, according to the commencement of rehabilitation proceedings on October 17, 2013, and the rehabilitation debtor Co., Ltd. (hereinafter "A, a separate rehabilitation debtor Co.,, Ltd."), "A Korea Asset Trust Co.,, Ltd." in 13, and 15, "the defendant" in the judgment of the court of first instance, "A" in the main sentence of 20, 2010 and P. 15, respectively, are "A.25," and "A.201.

2. The plaintiffs' assertion

A. The Defendants falsely or exaggerated advertising about the instant development project advertised that the contents of the instant development project will be realized in the instant advertisement, but such contents were not realized. Although the Defendants could have been sufficiently aware that the instant development project had not been feasible since the time of the sale advertisement, they had the Plaintiffs enter into the instant sale contract through false or exaggerated advertising, so the Defendants would have the Plaintiffs enter into the instant sale contract. Therefore, the Defendants are fair as indicated and advertised to the Plaintiffs.