법무법인바른 사이트는 IE11이상 혹은 타 브라우저에서
정상적으로 구동되도록 구현되었습니다.

익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.

1. Overview of the Case
Company A advertised a mixed-use resort under the sales structure of income-generating real estate. However, the issue arose as to whether certain advertisements constituted misleading advertising due to the omission of specifying the exclusion of value-added tax (VAT) in the rental income statements.

2. Key Points of the Korean Fair Trade Commission's Decision
The KFTC accepted most of the arguments presented by Company A and us and decided to waive all corrective orders and penalties for the following reasons:
1. Advertisements for income-generating real estate target a specific consumer group. As such, the nature of corrective orders and penalties he advertisements should be deemed to lean more towards addressing damages for contracting parties rather than remedying consumer misunderstandings for the general public.
2. The company corrected the issue during the subsequent stages of transactions, such as contract negotiations, enabling consumers to verify the consistency of the facts.

3. Our Role and Implications
If a case of unfair labeling or advertising is recognized, it can lead to significant tangible and intangible losses for the business. These include damage to brand value due to media coverage of the findings and potential lawsuits for compensation based on the decision, causing further disputes.

Initial responses are therefore critical. However, as the primary requirements for unfair advertising—unfairness, consumer misrepresentation, and obstruction of fair trade—are defined as open-ended concepts, without a precise understanding of market characteristics, transaction methods, and the content and context of the advertisement, it is challenging to refute these charges.

We effectively highlighted the unique characteristics of real estate sales projects, including their complex transaction structures, various stakeholders, contracting procedures and methods, and the conditions of the real estate in question. By demonstrating the limited necessity and benefits of regulatory intervention, we successfully persuaded the KFTC to exempt Company A from corrective orders and penalties.