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(영문) 대법원 2015.06.24 2015다205192
분양대금반환등
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The appeal and the grounds of appeal are examined.

1. As to the appeal by Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) C, Plaintiff D, Plaintiff G, Plaintiff I, Plaintiff J, Plaintiff K, and Plaintiff C, the above Plaintiffs did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal filed by the above Plaintiffs did not state the grounds for appeal.

2. As to the grounds of appeal by Plaintiffs A, B, E, Plaintiff F, Plaintiff H, Plaintiff H, Plaintiff L, and Plaintiff N (hereinafter “Plaintiff A, etc.”) on the cancellation of the sales contract by fraud, in a case where the details of material facts regarding the transaction in the advertisement of goods are falsely notified in a manner to the extent to be criticized in light of the duty of good faith and good faith, the advertisement constitutes deception. However, the mere exaggeration of the advertisement’s falsity is lacking in deception as far as possible in light of the general commercial practice and good faith principle (see Supreme Court Decision 99Da56015618, May 29, 2001). The lower court, citing the reasoning of the first instance judgment, citing the reasoning of the first instance judgment, citing the fact that the instant apartment site site was advertised in the instant apartment site location condition, and the 3 main development project of the Incheon Metropolitan City (hereinafter “Defendant Lessee”) was substantially included in the development project’s development project or its development project’s respective basic urban planning plan (hereinafter “instant development project”).

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