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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the defendant in the reasoning of the judgment of the court of first instance, except for the following parts used or added. Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.
The 7th day to 7th day of the first instance judgment shall be followed by the following:
1) Examining the text of each of the instant written confirmations, each of the instant written confirmations is written as “B” and “B” and it is reasonable to view that the Defendant is excluded from the subject of the obligation burden.
Therefore, even in the literal sense, the subject who bears the obligation to pay KRW 300 million to the Plaintiff is interpreted as B.
On the other hand, the defendant stated in the first instance court that the part of " principal" in the second sentence of each written confirmation of this case refers to the defendant, but even in such a case, the purport of the part is that "the defendant shall make efforts to sell real estate within the highest time to meet the above promise (the agreement that B shall give priority to the plaintiff's obligation of KRW 300 million) against the plaintiff," and it is difficult to see that the defendant will bear the obligation of KRW 300 million against the plaintiff, and it is only interpreted to the purport that the defendant would actually cooperate in the sale of each of the real estate of this case within the short time.
(see, e.g., Supreme Court Decision 2009Da29014, Aug. 20, 2009). According to the evidence No. 11 (including the provisional number) of the first instance judgment, the following parts are added to the 7th 10th 7th 10 of the first instance judgment. (4) According to the evidence No. 11 of this case (including the provisional number), it is recognized that the market price of each real estate of this case was at least KRW 1.2 billion around 2007. However, the above market price was at least KRW 451 million.