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(영문) 서울중앙지방법원 2019.08.22 2018가단5273625
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the implementer of the Gangnam-gu Seoul Metropolitan Government Urban Residential Residential Housing (hereinafter “D building”) with a lot of land 946m2.9m2.

B. On May 26, 2017, the Plaintiff entered into a sales contract with the Defendant for D Building E (hereinafter “instant house”) and completed the registration of ownership transfer after full payment of the sales price.

C. The wards of the instant heading rooms are double windows with a common form of glass windows or outer side windows with a maximum of 3/4 of 3/4 of the volume of glass block.

(Attachment 1) [Attachment 1] . [Attachment 1] . [Attachment 1] . (Reasons for Recognition] . Each entry in Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings.

2. The indication and advertisement at the time when the plaintiff's assertion was made by the defendant for sale of the defense room of this case is likely to mislead and confuse that the living room of the defense room of this case is the same as that of other defense room of the D building. [The Act on Fair Labeling and Advertising (hereinafter "Indication and Advertising Act").

(1) Article 3(1)1 of the Labeling and Advertising Act (Article 3(1)2 of the same Act) or deceptive labeling and advertising (Article 3(1)2 of the same Act) is applicable. Therefore, the Defendant shall pay the Plaintiff KRW 50,00,000, which is equivalent to the difference between the proper selling price of the relevant room and the proper selling price reflecting the form of the living room under Articles 10 and 11 of the same Act.

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