1. Of the judgment of the first instance court, the part against the defendant shall be revoked, and the plaintiffs' claims against the revoked part shall be collected.

1. The summary of the cause of the claim asserts that the defendant, while selling an apartment to the plaintiffs, deceiving the plaintiffs in relation to the establishment of nearby elementary schools and middle schools, the defendant is obligated to pay the plaintiffs the amount equivalent to five million won per household in compensation for damages pursuant to Article 10 (1) of the Act on Fair Labeling and Advertising.

2. Determination

A. “False or exaggerated advertisement” under Article 3(1)1 of the former Act on Fair Labeling and Advertising (amended by Act No. 11050, Sept. 15, 201; hereinafter “Indication and Advertising Act”) refers to an advertisement that is likely to undermine fair trade order by deceiving consumers or misleading consumers by informing them of false or excessively overfluoring facts.

At this time, whether the advertisement is likely to deceive or mislead consumers should be determined objectively on the basis of the total stimulic increase that general consumers with common caution receive the advertisement.

(see, e.g., Supreme Court Decision 2014Da72487, Jan. 14, 2016). B.

The following facts are acknowledged, either in dispute between the parties, or in consideration of the overall purport of the pleadings, on the video images of Gap's 1 through 103, Gap's 104-1 through 8, Gap's 105, Gap's 107, Gap's 108-1, 2, Gap's 109, Eul's 110, Eul's 106, Eul's 106, Eul's 27-1 through 3.

1) The Plaintiffs shall be deemed to have completed the instant apartment complex C at both weeks (hereinafter “instant apartment”).

(2) According to the Housing Site Development Plan in 2004, three elementary schools (tentative name H, I, J) and one middle school (tentative name K) have been designated in the vicinity of the apartment site in consultation with the two main offices of education. However, the apartment complex in this case is just adjacent to the apartment complex in this case.