The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

Plaintiff

1.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant’s ground of appeal

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 “Fair Labeling and Advertising Act”) refers to an advertisement that is likely to deceive or mislead consumers by falsely or excessively excessively excessively overstating facts, and that is likely to undermine fair trade order.

On the other hand, a general consumer may form the overall emerculation by comprehensively taking into account not only the expressions presented by the sentences, words, designs, designs, designs, sounds, or combinations thereof directly expressed in the advertisement, but also the matters indirectly expressed and expressed, and customary and ordinary circumstances. As such, whether an advertisement is likely to deceive or mislead consumers should be objectively determined on the basis of the overall emerculation impression that general consumers with common caution accept the advertisement in question.

(See Supreme Court Decisions 2011Du82 Decided June 14, 2013; 2013Da22553 Decided November 14, 2013, etc. (see, e.g., Supreme Court Decisions 2013Du2553, Nov. 14, 201

The judgment below

The reasoning and the evidence duly admitted by the court below reveal the following facts.

(1) The Defendant is a company that sold C Apartment apartment (hereinafter “instant apartment”) in Yangju-si around July 2008, and the Plaintiffs are those who purchase each of the relevant households indicated in the “resident name” column in the attached Table 2 of the lower judgment among the instant apartment units from the Defendant.

(2) According to the housing site development plan of the Gyeonggi-do Yangju District in 2004, three elementary schools (tentative name H, I, J) and one middle school (tentative name K) around the apartment site of this case are located in the vicinity of the apartment site of this case.