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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. Plaintiff 1) Since the instant secondary contract has no effect on the following grounds, the Plaintiff still sought confirmation against the Defendant that the Defendant had the right to manage and sell the instant land, and that the Plaintiff has the right to receive dividends of 50% of the sales profit of the instant land. A) The instant secondary contract was concluded in the name of D individual without the name of the representative relationship, and thus does not have effect on the Plaintiff. In addition, the Plaintiff did not confer the right to representation on D for the conclusion of the instant secondary contract.
B) The Plaintiff participated in the bid on the instant land under the name of the Defendant, which was bound to accept the Defendant’s demand to confiscate the bid bond. The Defendant’s agent, knowing such circumstances, requested the Plaintiff’s agent to modify the terms and conditions of the instant primary contract and entered into the instant secondary contract. The instant secondary contract is concluded based on ① the Defendant’s agent’s in-depth experience and circumstances, and thus, constitutes an unfair juristic act as stipulated in Article 104 of the Civil Act, and thus, is null and void or should be revoked, and ② the instant secondary contract is valid by the Defendant’s coercion. (2) If the instant secondary contract is valid, the Plaintiff has the right under the instant three-party contract and the instant secondary contract, and thus, the Plaintiff has the right under the instant secondary contract and the instant secondary contract against the Defendant. (1) The Plaintiff’s agent’s right as the agent for all development projects and sales of the instant land pursuant to the instant three-party contract and the instant secondary contract, and (2) the profit under the instant secondary contract.