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(영문) 대법원 2014.01.29 2011다107627

소유권말소등기

Text

The judgment below

The part against the Defendants is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by Defendant A, Gwangju L&C, and B

A. In a case where a false notice is made on important matters of transaction in the advertisement of a product in a manner that would be subject to criticism in light of the duty of good faith, it constitutes a deception. However, the mere exaggeration of the advertisement is accompanied by the false representation in the advertisement is lacking of deception as long as it may be acceptable in light of the general commercial practice and the good faith principle (see, e.g., Supreme Court Decision 2008Da1842, Mar. 16, 2009).

In full view of the adopted evidence, the lower court stated that ① a democratic industrial development corporation (hereinafter referred to as “ democratic industrial development”) on May 29, 2007 and June 15, 2007, Defendant Mine L&C Co., Ltd. (hereinafter “Defendant Mine L&C”) on October 3, 2007, and on the advertisements produced and distributed in May 30, 2007 by Defendant B Co., Ltd. (hereinafter “Defendant B”) on the third floor with a bridge installed between the instant building and Mansan Park, and stated that “the building of this case can be immediately accessed with the center of Mansan Park through its exclusive connection, and the term “the building of this case is 70,000,000,0000,0000,0000,0000,0000,000,0000,000,0000,000,000,000,00.7,07,00.