[2] The case recognizing liability for damages caused by false or exaggerated advertisements as stipulated by the "Act on Fair Labeling and Advertising" for a construction company which has placed an apartment sales advertisement to the effect that history will be newly established in relation to the dissipation and dissipation of light lines in an apartment complex even though the enforcement of the apartment complex was not finalized based on the abstract and unilateral development plan of a local government

[2] The case holding that the construction company is liable for damages caused by false or exaggerated advertisements as stipulated by the "Act on Fair Labeling and Advertising" on the ground that the construction company's advertisement for apartment sales to the purport that its implementation was not finalized based on the abstract and unilateral development plan of a local government but is planned to be established in the apartment complex, because it has made an advertisement that is different from the fact, or excessively unfusing facts, and that it is likely to deceive consumers or mislead consumers, and thus, it constitutes an advertisement that is likely to undermine fair trade order, and thus, it constitutes an advertisement that is likely to undermine the fair trade order.

1. As to the misapprehension of legal principles as to false and exaggerated advertisements under the Act on Fair Labeling and Advertising

A. According to Article 3(1)1 of the Act on Fair Labeling and Advertising, and Article 3(1)1 of the Enforcement Decree of the same Act, false or exaggerated advertisements refer to advertisements that are likely to deceive or mislead consumers by making excessively unfasible or misleading facts, and that are likely to undermine fair trade order. Whether advertisements are likely to deceive or mislead consumers should be objectively determined on the basis of the overall and extreme increase that ordinary consumers receive the pertinent advertisement (see Supreme Court Decision 2002Du6965, Jun. 27, 2003, etc.).

B. After finding the facts as stated in its reasoning, the court below acknowledged the following facts. The apartment sales advertisement of this case stated that the defendant was scheduled to establish a new "new town" based on the first stage development plan for the renewal of urban planning at the time of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Gu.

C. However, we cannot agree with the above determination by the court below for the following reasons.

According to the facts and records of the judgment below, the first stage development plan for the renewal of the city planning by the defendant's construction site of this case includes the fact that the defendant's new location and location of the apartment complex of this case had been indicated as the ground for the above new location and location of the apartment complex of this case (the first stage development plan for the renewal of the city planning of this case was prepared on February 201 by requesting service to the KOG and that the apartment complex of this case will be developed at the same time as the transportation plan for the reconstruction of the 196, and the new apartment complex of this case was indicated as the new location and location of the apartment complex of this case. The new apartment complex of this case was indicated as the new location and location of the apartment complex of this case and the new apartment complex of this case's new location and construction plan of the new apartment complex of this case's new location and the new apartment complex of this case's new location and construction plan of the new apartment complex of this case's new location and construction plan of the new apartment complex of this case.

Examining the above facts in light of the legal principles as seen earlier, the first phase development plan for the renewal of urban planning of the Sinju City is merely an abstract plan to transfer the existing “Sinju City to South Korea” in the long term, and it does not include a specific plan, such as the relocation location and construction period of the “Sinju City”, separate from the existing “Sinju City”, and even though the said development plan was merely an unilateral plan for the Sinju City and its enforcement was not finalized, it is sufficient to view that the Defendant’s apartment sales advertisement of the instant apartment to the effect that the establishment of the “Sinju City” was scheduled through the promotion of the sale of the apartment in this case and the apartment in this case’s model at the Sinju City, as seen above, to the effect that the apartment sales advertisement of this case was planned to be established through the promotion of the sale of the apartment in this case and the apartment in this case’s model at the Sinju City, as well as the opening and publicity of the Sinju City’s apartment line, which is likely to mislead consumers or to mislead consumers.

Therefore, the defendant is liable for damages against the plaintiffs who are victims by doing false or exaggerated advertising acts under Article 3 (1) 1 of the Act and Article 3 (1) of the Enforcement Decree of the same Act.

D. Nevertheless, the court below determined that the apartment sale advertisement in this case does not constitute false or exaggerated advertisements under the Advertisement and Advertisement Act, and dismissed the plaintiffs' claims immediately without examining the scope of the defendant's damages. The court below erred by misapprehending the legal principles on false or exaggerated advertisements under the Advertisement and Advertisement Act, thereby affecting the conclusion of the judgment. The plaintiffs' claims pointing this out are with merit.

2. Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, part of the judgment below against the plaintiffs against the plaintiff 2,3, 13, 14, 14, 43, 44, 107, 108, 116, 117, 172, 173, 177, 178, 202, 203, 203, 208, 208, 211, 212, 228, 228, 229, 230, 231, 236, 267, 286, 287, 291, 292, 298, 299, 302, 303, 314, 328, 329, 3313, 329, 329, 3231, and 325 of the above part of the judgment below is reversed.

Justices Lee Hong-hoon (Presiding Justice)