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(영문) 서울고등법원 2016.01.15 2015나2016024
분양대금반환
Text

1. The rehabilitation company, the litigation taking over of the defendant East Asian Construction Industry, among the judgment of the court of first instance, shall be the same as the East Asian Construction Industry;

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except in cases where the part of the judgment of the court of first instance is rewritten or added as stated in the following 2. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The draft rehabilitation plan for the East Asian Construction Industry was approved on March 24, 2015, following the 6th sentence of the first instance court in which the first instance judgment is followed or added.

Part 6 of the 16th judgment of the first instance court shall add "B 18" to "B 16," and shall delete the "Dong Construction Industry" of 19.

The 13th to 14th of the decision of the first instance shall be followed in the following cases:

In the advertisement of a product, if a false fact is notified about important matters of transaction in a manner to the extent to be criticized in light of the duty of good faith, such advertisement constitutes a deception. However, the mere exaggeration is accompanied by the advertisement is lacking in deception as long as it may be acceptable in light of the general commercial practice and good faith (see, e.g., Supreme Court Decision 2008Da51120, 51137, 5114, 5151, Aug. 20, 2009). The content of the sale advertisement, the condition of the model voucher, or the explanation given by the seller to the buyer at any time, etc. is merely an inducement for the offer. However, in light of social norms, the content of the advertisement, terms and conditions of the apartment, namely, the external quality of the apartment, etc., and thus, it is deemed that there was an implied agreement between the seller and the seller at the time of reserving the sale contract.

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