[계금청구사건][고집1966민,63]
The nature of the successful bidder, unless otherwise agreed;
Unless otherwise agreed by the parties, it is reasonable to see the successful bidder as the partnership agreement aimed at financing, and in case where the fraternity is dissolved, it shall undertake liquidation procedures in accordance with the Civil Act, unless otherwise stipulated by
Article 703 of the Civil Act
67Da1052 decided Jul. 18, 1967 (No. 8519, Supreme Court Decision 15Du218 decided Feb. 218, 199, Supreme Court Decision Article 703(14)493 of the Civil Code
Plaintiff 1 and one other
Defendant 1 and three others
Chuncheon District Court of the first instance (64A195)
The appeal by the plaintiff, etc. is dismissed.
Expenses for appeal shall be borne by the plaintiff, etc.
The plaintiff et al. and the defendant et al. shall pay to each plaintiff 1 20,000 won an amount of 20,000 won per annum from July 29, 1964 to the full payment system.
The costs of lawsuit are assessed against the defendant, etc. for a judgment and a declaration of provisional execution, and the defendant, etc. is dismissed.
The court cost is assessed against the plaintiff, etc.
The plaintiff et al. sought a judgment with the same purport as that of the plaintiff et al.'s claim that the original judgment is revoked, and the defendant et al. sought a judgment dismissing the appeal.
1.18.1, 1964.1. 8, the plaintiff's claim was rejected for 0. 2, 3, 4 (the plaintiff's original court), 6 (the defendant's original court), and 13 (the non-party's original court's decision) for the non-party 2's non-party 8's non-party 2's non-party 2's non-party 2's non-party 8's non-party 2's non-party 2's non-party 2's non-party 8's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 8's non-party 2's non-party 2's non-party 2's non-party 2's non-party 8's non-party 2's non-party 2's non-party 8's non-party 2's non-party 28'
Judges Yung-Jung-Jak (Presiding Judge)