분양대금반환 등
Of the ancillary claims of the lower judgment, the amount of the final appeal by plaintiff in attached Form 2 shall be stated in the column of the amount of the final appeal.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal on the primary claim
A. In a case where specific facts about the important matters of transaction are falsely notified in the advertisement of the product claiming the cancellation of the sales contract by fraud in a manner to the extent of criticism in light of the duty of good faith, it constitutes a deception. However, even if the advertisement entails a certain degree of director in the advertisement, if it can be viewed as a deception in light of the general commercial practice and the good faith principle,
(2) On May 29, 2001, the lower court determined that: (a) the Plaintiff’s sales advertisement of the instant apartment had been actually implemented by Incheon City and each developing entity included in the basic urban planning plan of Incheon City or the district unit planning of the free economic zone planning group of the Ministry of Knowledge Economy; and (b) the Defendants delayed the progress of the instant development project at the time of the advertisement; (c) it was difficult to deem that each of the instant projects was nonexistent or substantially low in its feasibility; and (d) the Defendants’ progress was also reported several times through the media; and (e) the Defendants, while advertising of the instant apartment, indicated that the instant project was scheduled to be developed or the instant project was being implemented by the State agencies, and notified that the instant project would have been implemented by the State agencies and local governments.