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

A study on the tort liability caused by false or exaggeration advertisements of apartment

This study is focused on the liability of advertisers of apartment ads on false or exaggerated advertisements. In apartment market it is especially more dependent on advertisement because the things such 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, residents would live with family for a long time, it isn't fungible and a big part of individual property. so it is more important to protect its first buyers from false or exaggerated advertisements A false or exaggerated distribution advertisement should be judged when it has important things and shows concrete facts about the deal and is against principle of good faith. The standard of judging about false or exaggerated distribution advertisements should be based on average people who are reasonable consumers . The liability of the article 10 of expression and fair trade law is preferential than those of civil law because it is a special Act. to protect consumers strongly, advertisers should prove the causal relation between economic loss and a false or exaggerated advertisement. The group lawsuit of fundamental law for consumer should be replaced with class action because consumers 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 between buyer and seller through the relevant laws and legal dispute institution.