The judgment below

Among them, the part on the sale price and the damages for delay of options is reversed, and this part of this case is applied.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

(a) Where estimated amount of damage compensation is unreasonably excessive, the court may reduce it to a reasonable extent; and

(2) Article 398(2) of the Civil Act provides that the term “unfairly excessive cases” refers to cases where it is acknowledged that the payment of the estimated amount would result in the loss of fairness by imposing unfair pressure on the debtor who is in the position of the economically weak in light of the general social concept of society, in light of all circumstances, such as the status of the creditor and the debtor, purpose and content of the contract, motive scheduled for the amount of damages, the ratio of estimated amount of damages to the amount of debts, the estimated amount of damages, the amount

In addition, in the case of determining whether the estimated amount of compensation for damages is unreasonably excessive or the scope of reasonable reduction thereof according to the application of the above provision, the court should comprehensively consider all the above circumstances that occurred between the parties at the time of closing argument in the fact-finding court.

(See Supreme Court Decision 200Da35771 Decided December 8, 200, and Supreme Court Decision 99Da57126 Decided January 25, 2002, etc.). In this context, the fact-finding of the grounds for reduction or determination of the ratio is, in principle, within the discretionary authority of the fact-finding court, in a case where it is deemed significantly unreasonable in light of the principle of equity, it is unlawful and impermissible.

(Supreme Court Decision 2014Da1508 Decided October 13, 2016). B.

The judgment of the court of first instance cited by the court below, for the reasons indicated in its holding, shall pay (1) the balance of the sale price, the balance of the options construction cost, and the delay damages calculated at each rate of the agreed interest rate classified according to the overdue period from the day following the expiration date of the designation period of occupancy, which is the payment deadline, to the day of full payment (hereinafter “instant delay damages”).