소유권이전등기
1. Of the judgment of the first instance, the part against the Plaintiffs, which orders additional payment, shall be revoked.
1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act, as it is based on the reasoning of the first instance judgment.
2. The main part of the judgment of the court of first instance (the part as stated in Chapters 4 through 5) 1, 2, 3, 4, 4, 4, 5, and 6), 1, 2, 3, 4, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5,
In this regard, the defendant is presumed to have scheduled amount of damages under Article 398 (4) of the Civil Code. In this regard, the defendant asserts that if the estimated amount of damages is unreasonably excessive, the court may reduce it, and that 100 million won of damages should be reduced unfairly.
On the other hand, in order for the court to reduce the estimated amount of compensation for damages to be unfairly excessive, it should be considered that the payment of the estimated amount of compensation for damages results in the loss of fairness by unfairly pressure on the debtor who is in the position of the economically weak as a result of taking into account the economic status of the creditor and debtor, purpose and contents of the contract, the details and motive of scheduled amount of compensation for damages, the ratio of estimated amount of damages to the amount of debts, the expected amount of damages, the transaction practices at the time of the transaction, economic conditions, etc., and there is insufficient reason for the court to reduce the estimated amount of compensation for damages to be unfairly excessive.
(See Supreme Court Decision 2014Da209227 Decided July 24, 2014). In light of the foregoing legal doctrine, in a real estate sales contract, 10% of the sales amount is stipulated under the real estate sales contract.