Text
Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiffs' claim corresponding to the revoked part shall be filed.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, except for the following portions that express the contents as follows. Thus, it is acceptable in accordance with the main sentence of Article 420
2. The height of the judgment of the court of first instance is as follows from the 6th to the 7th 16th tier.
2) Article 398(2) of the Civil Act provides that the court may reasonably reduce the estimated amount of damages in cases where the estimated amount of damages is unreasonably excessive. Here, “unfairly excessive cases” means cases where the payment of the estimated amount of damages is deemed to result in the loss of fairness by imposing unfair pressure on the debtor in light of the general social concept, taking into account all the circumstances such as the status of the creditor and the debtor, the purpose and content of the contract, the motive behind the scheduled amount of damages, the ratio of the estimated amount of damages, the estimated amount of damages to the debt, the estimated amount of damages, the size of the estimated amount of damages, and the transaction practices at the time, etc. (see, e.g., Supreme Court Decision 2011Da16844, Jan. 29, 2015). In light of the following circumstances, in light of the following circumstances, the Plaintiffs’ assertion that the estimated amount of damages of the contract bond in this case is unreasonable.
(1) With respect to the instant land, one point five meters from the boundary line of the site in which the boundary line of the neighborhood living facilities is constructed to activate commercial functions and ensure a smooth pedestrian space (public bulletin passage, etc.) in the commercial area. Even if the building-to-land ratio and the floor area ratio of the instant land fall short of the upper limit under the district unit planning guidelines, the above building limit is posted by the Defendant.