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(영문) 서울고등법원 2017.10.27 2017누185

부당한 광고행위 중지명령 취소 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status and the general status of the Plaintiff constitutes a business operator under Article 2 subparag. 3 of the Act on Fair Labeling and Advertising, who engages in land sale and mining development (hereinafter “Indication and Advertising Act”).

The general status of the plaintiff shall be as follows:

No. 1 < by Presidential Decree No. 2580, Nov. 22, 2014; Presidential Decree No. 25990, Nov. 22, 2014; Presidential Decree No. 2507

B. On January 12, 2015, the Plaintiff acquired each of the instant land, and sold a total of 82,500 square meters of the instant land to KRW 30,000 per 10 square meters per 100 square meters, i.e., Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, 158-8 on March 11, 2015, i.e., Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si (hereinafter “instant land”).

Meanwhile, in the instant land, etc., the Plaintiff collected profits from the mining and collecting stone and aggregates (hereinafter “instant project”) and recruited several buyers to pay 50,000 won per month to the buyers. To this end, the buyers agreed to lease the land they purchased to the Plaintiff and set a consent and superficies to use the land for ten years.

C. Plaintiffs’ act 1) The Plaintiff, while selling the instant land in lots, indicated the following phrases, such as “refisherable after three years,” etc. in newspapers and brochures from March 10, 2016: < Amended by Presidential Decree No. 27159, Mar. 10, 2016>

(hereinafter referred to as "No. 1 advertisement". < by Presidential Decree No. 2590, Mar. 10, 2016; Presidential Decree No. 27020, Mar. 11, 2016; Presidential Decree No. 27034, Mar. 11, 2016; Presidential Decree No. 27475, Mar. 17, 2016; Presidential Decree No. 27470, Mar. 17, 2016; Presidential Decree No. 27470, Mar. 17, 2016; Presidential Decree No. 27475, Mar. 16, 2016; Presidential Decree No. 27470, Mar. 22, 2016>