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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
The first instance court.
Reasons
1. The reasons for the court's explanation concerning this case are as follows: "A evidence No. 6" is added to the evidence recognizing the basic facts of paragraph 1 among the reasons for the judgment of the court of first instance; "A. 7 of the judgment of the court of first instance" is added to "A. 2. 9,10"; "the above non-party company" in the second 9,10 shall be deemed to be "a person engaged in assistance in assistance in custody"; "the plaintiff" in the third 20, 24 of the judgment shall be deemed to be "the assignee"; "the plaintiff" in the second 25 of the judgment shall be deemed to be "the transferee"; "the plaintiff" in the sixth 13 of the judgment of the court of first 1 shall be deemed to be "the plaintiff in the second 25 of the judgment in the second 13 of the judgment in the second 20th 4th 2010"; "the plaintiff shall be deemed to be in the following light of the reasons and the purport of the evidence No. 13. 4. 201.
2. The Plaintiff asserts that, as long as the purpose of the instant contract is achieved when the Defendant received KRW 4,550,000,000 from the Defendant, not the Plaintiff’s acquisition of the instant real estate, it is most reasonable to refund the difference to the Plaintiff when the Defendant received dividends in the auction procedure on the instant real estate, as long as the purpose of the instant contract is to secure KRW 4,550,000,000, not the Plaintiff’s acquisition of the instant real estate, the part that the transferee should pay the amount equivalent to the difference where the actual senior credit amount is less than KRW 250,00,00,000 among the text of the instant special contract clause, should be interpreted as merely a clerical error in which the transferor and the transferee are replaced.
However, the circumstances leading up to the conclusion of the instant contract, the language and text of the instant contract, and at the time of conclusion of the instant contract.