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The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Plaintiff
F, H. H.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the assertion of cancellation of a contract on the grounds of fraud, etc. through false or exaggerated advertisements
A. In a case where the details of the material facts of transaction are falsely notified in the advertisement of the product in a manner that would be subject to criticism in light of the duty of good faith, it constitutes a deception. However, even if the director of a certain size of the advertisement is accompanied by the advertisement, if it can be viewed as a deception in light of the general commercial practice and the good faith
(See Supreme Court Decisions 99Da55601, 55618 delivered on May 29, 2001, and 2008Da1842 delivered on March 16, 2009, etc.). In order to cancel a declaration of intent on the grounds of fraud pursuant to Article 110 of the Civil Act, there should be intentional deception between one of the parties to a transaction, and the other party would not have made such declaration of intent if such deception had not been made.
(See Supreme Court Decision 2004Da62641 Decided April 12, 2007). B.
The court below acknowledged the facts as stated in its reasoning based on adopted evidence, and, in other words, the defendant advertised that the commercial building of this case is expected to be developed in connection with the Dong-gu Sports Complex through the underground space by reflecting the Seoul Special Metropolitan City's plan for the development of the Dong-gu Design Plux underground space and the press's report, and that its location is a special location connected with the Dong-gu Sports Complex according to the development of the underground space, and ② the location condition that the defendant's underground space of the commercial building of this case is developed and connected to the subway station through the development of the underground space is among the main advantages of the commercial building of this case.