The judgment of the first instance shall be revoked.

The Seoul High Court Decision 2013Na23688 decided July 10, 2014.

Basic Facts

The plaintiff is a project executor and a contractor who newly constructs and sells AZ apartment (hereinafter referred to as "the apartment of this case") which is a multi-family housing with a scale of 1,628 households on the ground of the Incheon Metropolitan City Free Economic Zone AY block.

The remaining Defendants except Defendant H, I, and J are buyers who entered into each contract for the sale of the apartment of this case with the Plaintiff, and Defendant H, I, and J are those who succeed to the status of the buyer as the heir of BC due to the death of the previous buyer.

(B) The Defendants, including the Defendants, filed a claim for the return of unjust enrichment or damages equivalent to the whole or part of the sales price with respect to the apartment of this case by the Plaintiff, on the following grounds: (a) with respect to the sales advertisement of this case by fraud or mistake; (b) the Defendants asserted the cancellation of the sales contract; (c) the cancellation of the sales contract due to change of circumstances or impossibility of performance; and (d) the violation of the Act on Fair Labeling and Advertising (hereinafter “Indication and Advertising”); and (e) the Incheon District Court Decision 2011Ga20689, 2011Ga20689, 7287, 201Ga287, 2012Gahap18126, 2012Gahap126, 2012Gahap1249 (Joint), 2012Gahap1249 (Joint).

On February 1, 2013, some favorable judgments were rendered.

Plaintiff

In addition, the Defendants appealed in Seoul High Court 2013Na2368, 2013Na23695 (Joint), 2013Na23701 (Joint), 2013Na23718 (Joint), and the above appellate court on July 10, 2014, it is reasonable to deem that the part concerning BA (hereinafter “instant BA sales advertisement”) among the sales advertisements conducted by the Plaintiff with respect to the apartment of this case is false or exaggerated advertising. Accordingly, the Plaintiff is limited to this.