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(영문) 서울고등법원 2016.08.24 2016누38848
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Plaintiff is a personal entrepreneur who is engaged in the sales agency business and management business, etc. under the trade name of “C,” and is responsible for planning and implementation of sales advertising advertisements and bearing expenses for E commercial buildings on the ground of the Seoul Jung-gu Seoul Metropolitan Government D (hereinafter “instant commercial buildings”).

The plaintiff is a business operator under Article 2 subparagraph 3 of the Act on Fair Labeling and Advertising (hereinafter referred to as the "Indication and Advertising Act").

B. 1) The present status of the instant commercial building is the current status of the instant commercial building: (a) the instant commercial building is indicated as the first floor and the second floor above ground, the total floor area of 409.38 square meters in the certified copy of the register of the register of the commercial building and the building ledger; (b) the general building on the building ledger is not divided into walls by each store; (c) the instant commercial building is registered as the non-violation building (F (F.: August 21, 1992) as the first floor below the ground and the third floor above the ground and the fourth floor above the ground surface not registered on the public registry were extended without any construction permit. The Plaintiff obtained 132,00,000,000 and 25,000,000 and 16,000,000 and 16,000,000,000 from the sale price of the instant commercial building in the E-site lot number of the Gu, and the sale of the instant 16,25,25,2,4,25,25, 16,2,25, and 16,46,2,26

The general status of the commercial buildings of this case, where the plaintiff advertised for sale, is as follows.

C. From August 1, 2014 to July 1, 2015, the Plaintiff’s display act 1, along with the expression “sale of land and building registration” and “designation of housing units on a first-come, first-come, first-served deposit basis,” as to the sale of the instant commercial building through H daily newspapers and leaflets.”

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