아파트의 허위·과장 분양 광고로 인한 불법행위 책임의 성립에 관한 연구

Abstract

This study is focused on the liability of advertisers of apartment ads on false or exaggeratedadvertisements. In apartment market it is especially more dependent on advertisement because the thingssuch as location, neighborhood environment etc are affect its value and purchasing decision. The item of an apartment differs from other items because of a residential place. If purchasing, residentswould live with family for a long time, it isn't fungible and a big part of individual property. so it is moreimportant to protect its first buyers from false or exaggerated advertisementsA false or exaggerated distribution advertisement should be judged when it has important things andshows concrete facts about the deal and is against principle of good faith. The standard of judging aboutfalse or exaggerated distribution advertisements should be based on average people who are reasonableconsumers . The liability of the article 10 of expression and fair trade law is preferential than those of civil lawbecause it is a special Act. to protect consumers strongly, advertisers should prove the causal relationbetween economic loss and a false or exaggerated advertisement. The group lawsuit of fundamental law for consumer should be replaced with class action becauseconsumers can get indemnification for damage easily. In this paper, we can find the tort liability about the false and exaggerated Ad through specific cases,precedents, and two types of law. Futhermore, I focus on the solutions to solve the problems betweenbuyer and seller through the relevant laws and legal dispute institution.