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(영문) 서울고등법원 2019.08.22 2019누39255
과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact-finding [founded grounds for recognition] without dispute, entry of Gap evidence 1 and 2, and purport of the whole pleadings;

A. The status and general status of the Plaintiff, etc. and the general status of the Plaintiff, etc., D, and E (hereinafter “stock company”) are omitted, and the said three companies including the Plaintiff, etc. are business entities under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act that engage in the production and operation of cyber model houses (hereinafter “Fair Trade Act”).

Plaintiff

The general status of three copies, such as the following [Attachment 1], shall be as follows:

[Attachment 1] Three General Status of the Plaintiff, etc.: 1 D 2017,07 87,007 61,955,614 65,983 7,822 350 September 1, 200, 2016 8,57 575,295,2945,847 64,5614, 947 2015 90,734205,7 2015 90,735 6353,6535,9565,857 - 464,947 205, 205, 2017 - 205, 205, 2015, 63539, 565, 857, 36, 2017

B. Cyber sample house refers to the concept and advantages of the market structure and the actual condition of 1 cyber sample house and cyber sample house, which is created by an entrepreneur selling and selling apartment houses, commercial buildings, etc. to provide images to consumers before the completion of the construction of sales goods, so that the apartment house or commercial buildings, etc. can be used as a three-dimensional model, and online sample house created by simply photographing them can be included in a broad meaning cyber sample house. However, this case is related to the three-party mobile sample house production without a real construction, and it is limited to this.

That is, cyber model housing is a whole of apartment complex layout plan, floor plan by type, tenant recruitment announcement, and sale schedule.

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