The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases or addition. Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Section 9 of the judgment of the court of first instance is written in the following manner.

② The Plaintiff received KRW 400 million from the Defendant and issued the instant confirmation document when cancelling the preferential right to benefit under the instant trust.

The plaintiff asserts that since the value of the real estate in this case exceeds 6 billion won, 400 million won which is considerably less than 1/10 billion won, the plaintiff cannot be deemed to have renounced the remaining amount after subtracting 400 million won from 1/10 of the disposal price of the real estate in this case.

However, in relation to the calculation process of the above KRW 400 million, the Defendant: (a) determined, based on the amount desired to be sold by the Defendant at the time, 4 billion won excluding all expenses, taxes and public charges (such as transfer income tax) and public charges and charges; (b) determined 10 billion won excluding the amount calculated at 6 billion won ; (c) on the premise that the value of the real estate in this case was 6 billion won (the preparatory document dated September 18, 2019), the Defendant calculated the above KRW 400 million ; (d) even if the transfer income tax, local income tax, and local income tax paid by the Defendant as a result of the disposal of the real estate in this case, the amount of KRW 1.8 billion ; and (e) other expenses are deemed to have been incurred; and (e) in the agreement in this case, all taxes (public charges, gift tax or transfer income tax) and all other expenses related to the transfer of shares are to be borne by the Plaintiff (see, e.g., Supreme Court Decision 2003Da374.).