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(영문) 서울고등법원 2015.01.23 2013나2030712
분양대금반환등
Text

1.In accordance with the modifications to the claims on the merits made at the trial and the counterclaims raised at the trial:

A. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. This part of the judgment as to the primary main claim, namely, the claim for return of unjust enrichment from the cancellation and cancellation of the apartment sale contract in this case between the plaintiffs and the defendant, and the claim for restitution of restitution of unjust enrichment from the cancellation of the apartment sale contract in this case, among the reasons of the judgment of the court of first instance, advertising as if the defendant P could be able to construct the second airport railway only based on the independent and abstract plan of Incheon Metropolitan City, regardless of its own and abstract plan, is sufficient to constitute false or exaggerated advertisements. Thus, it is identical to the reasons of the judgment of the court of first instance, and therefore, it is cited as the reason of this judgment pursuant to the main sentence of

However, the annexed list of the judgment of the court of first instance shall be replaced by the annexed list 1 of this judgment.

2. Judgment on the main claim

A. The Defendant asserted the Plaintiffs by deceiving buyers by making false or exaggerated advertisements as if all of the development projects were implemented without notifying or explaining the fact that the development projects, such as the third consecutive landing bridge, etc., were not implemented in accordance with the content of the instant advertisement, even though they were well aware of such fact.

The Defendant’s sales advertisement of this case constitutes a false or exaggerated advertisement under Article 3(1) of the Act on Fair Labeling and Advertising (hereinafter “Indication Advertising Act”) or a deception, and thus, the Defendant is liable to compensate the Plaintiffs for the damages arising therefrom pursuant to Article 10(1) of the Display and Advertising Act or Article 750 of the Civil Act.

B. According to Article 3(1)1 of the relevant legal doctrine and Article 3(1) of the Enforcement Decree of the same Act, false or exaggerated advertisements refer to advertisements that are likely to deceive or mislead consumers by falsely or excessively unrecognizing facts, and that are likely to undermine fair trade order. The advertisements refer to advertisements that are likely to deceive or mislead consumers, and the advertisements belong to or cause consumers to deceive consumers.

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