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(영문) 대법원 2015.09.10 2014다56355
분양대금반환 등
Text

All appeals are dismissed.

Of the costs of appeal, the part arising between Plaintiff F, J, C, M, D, S and the Defendants is appellant.

Reasons

The grounds of appeal are examined.

1. Where Plaintiff F, J, C, M, D, or S (hereinafter “Plaintiff F, etc.”)’s grounds of appeal on the cancellation of a sales contract by fraud is falsely notified in a manner that would be subject to criticism in light of the duty of good faith and good faith as to important matters of transaction in the advertisement of goods, the advertisement constitutes a deception. However, even if the advertisement entails a certain degree of division in the advertisement, if it can be done as time in light of the general commercial practice and good faith principle, it cannot be deemed a deception.

(2) The Defendants’ contents of the contents of the instant apartment site development project and the contents of the advertisement of the Incheon Urban Corporation and the Korea Land and Housing Corporation are cited as it is. The Defendants’ contents of the instant apartment site development project were delayed due to the delay of the development project at the time of the sale of the apartment site, but the Defendants’ contents of the instant apartment site development project were either unrelated to the Incheon Urban Planning Plan or the district unit planning plan of the free economic zone planning group of the Ministry of Knowledge Economy, or were actually promoted by the Incheon Si and the Ministry of Knowledge Economy. The Defendants’ contents of the contents of the instant apartment site were included in the contents of the Incheon Free Economic Zone Authority or the contents of the advertisement of the instant apartment site. However, each of the instant projects was not feasible or highly low, and each of the aforementioned projects was reported to the Defendants’ respective local governments. The Defendants’ contents of the content of the instant apartment site development project and the contents of the advertisement of the Korea Land and Housing Corporation.

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