분양광고와 계약 -청약,유인,손해배상을 중심으로-

A contract is formed by offer and acceptance. This is called the 'offer and acceptance' model, the general method of concluding a contract. Article 527 to Article 534 of the Civil Code of Korea presuppose this model. However, in practice, there are many cases where invitation to treat, offer and acceptance are not clearly distinguishable. In such cases, determination of what is an offer and what is an acceptance is crucial in judging the formation of a contract and the consequent responsibility. On June 1, 2007, the Supreme Court of Korea ruled on a case about a contract of sale concluded by an advertisement for apartments for sale. In that case, the court set the legal standard for whether the terms in an advertisement become the terms of a contract. Moreover, it ruled that liability for damages arises when important information is not communicated in making a contract. This articles examines the standard for distinguishing between offer and invitation to treat. It also discusses whether the terms of the advertisement in this case can be considered as the terms of the contract of sale, and whether the general legal principle set by the court in this decision accords with its own judgment on the specific issues. Furthermore, it examines possible remedies available for false or misleading advertising about apartments for sale and breach of duty to inform, in particular, the demarcation of the border between liability for non-performance of contract and tort liability, and lastly, the appropriateness of using complementary function of solatium for determining the amount of damage in this case.