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(영문) 서울중앙지방법원 2015.11.13 2015가합522434

분양대금반환 등 청구의 소

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1. The Defendants jointly do so to the Plaintiffs, each of which falls under the “recognized Amount” column in the separate sheet, and the same.

Reasons

1. Basic facts

A. The defendant Hanyang Co., Ltd. (hereinafter "the defendant Hanyang"), as the parties, is the contractor of the business (hereinafter "the instant apartment project") that newly constructs and sells the I apartment of 12 units,304 units on the ground of H 52,672,00 square meters of land in Young-gu Incheon Metropolitan City, Incheon Metropolitan City, which is part of the business (hereinafter "the apartment of this case"), and the defendant Asian Art Investment Development Co., Ltd. (hereinafter "the defendant Asian Art") is the executor of the instant business, and the defendant Korea Asset Trust Co., Ltd. (hereinafter "the defendant Korea Asset Trust") is the trustee entrusted with the implementation of the instant project by the defendant Asian Art.

B. The Defendant Korea Assets Trust, which entered into each of the instant sales contracts, concluded each of the instant apartment contracts (hereinafter “each of the instant sales contracts”) with the Plaintiffs as shown in the separate sheet.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination as to the cause of claim

A. 1) The former Act on Fair Labeling and Advertising (amended by Act No. 11050, Sept. 15, 201; hereinafter “Indication and Advertising Act”)

(2) Article 3(1)1 of the Act refers to an advertisement that is likely to deceive or mislead consumers by advertising differently from the fact or excessively excessively unfasible facts, and that is likely to undermine fair trade order. Whether an advertisement is likely to deceive or mislead consumers, or to mislead consumers, should be objectively determined on the basis of the overall extreme increase that general consumers with ordinary caution receive the advertisement in question (see, e.g., Supreme Court Decision 2002Du6965, Jun. 27, 2003). 2) In light of the above legal principles, the term “advertisement of false or exaggerated director” as referred to in Article 3(1)1 refers to an advertisement that is likely to deceive or mislead consumers by advertising, and all pleadings are made on the statement and images of evidence No. 1 through No. 15.