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

• 영문명: A study on the tort liability caused by false or exaggeration advertisements of apartment
• 발행기관: 한국주거환경학회
• 저자명: 하창효(Ha, Chang-hyo)
• 간행물 정보: 『주거환경(한국주거환경학회논문집)』住居環境 제12권 제4호 (통권 제26호), 389~398쪽, 전체 10쪽
• 주제분류: 사회과학 > 지역개발
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

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.

목차

Ⅰ. 서 론

Ⅱ. 아파트분양광고의 법적 성질과 분양계약에의 편입

III. 허위 ‧ 과장 광고로 인한 불법행위책임 성립요건의 검토

III. 결론

키워드

허위·과장광고 불법행위책임 신의성실의 원칙 손해배상 단체소송 집단소송 false or exaggerated advertisements the tort liability principle of good faith indemnification for damage, group lawsuit class action