[부동산경락허가결정에대한재항고][공1980.3.15.(628),12588]
Interpretation of a compromise clause where the decision to grant the successful bid is revoked
Even if the Re-Appellants had a judicial compromise that the decision of permission of successful bid was revoked with respect to the building in question between the Re-Appellants and the Non-Party, the above decision of permission of successful bid cannot be revoked by the above reconciliation, and the above reconciliation clause is merely a contract to sell the building in question to the Non-Party.
Article 135 of the Civil Procedure Act
Re-appellant
Daejeon District Court Order 76Ra51 dated December 26, 1978
The reappeal is dismissed.
The Re-Appellant's grounds for re-appeal are examined.
The court below rejected the appeal of the Re-Appellant on the ground that the Re-Appellant's assertion of the defects and the validity of the decision of permission of auction cannot be asserted as the Re-Appellant's assertion. The Re-Appellant's decision of permission of auction cannot be asserted as the defect, and even if there was a judicial compromise between the Re-Appellant and the non-Appellant's claim for cancellation of the sales contract between the Re-Appellant and the non-Appellant's non-Appellant's claim that the decision of permission of auction of the building of this case was cancelled on October 4, 1974, the decision of permission of auction cannot be cancelled by a compromise, and the above reconciliation clause is merely a contract between the Re-Appellant and the non-Appellant's non-Appellant's non-Appellant's contract to sell the building of this case to the non-Appellant 1.
In light of the records, the above fact-finding by the court below is legitimate, and its judgment is just, and even if there was a fact as alleged by the Re-Appellants and Non-Appellants 2, it cannot be said that the order of the court below is unlawful.
The issue is groundless.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yu Tae-hee (Presiding Justice)