consider r being POINT of S such that
A5:
not r in A
and
A6:
r in A9
by A1, A2, A3, Th38;
set P = Plane (A,r);
take
Plane (A,r)
; ex r being POINT of S st
( not r in A & r in A9 & Plane (A,r) = Plane (A,r) )
thus
ex r being POINT of S st
( not r in A & r in A9 & Plane (A,r) = Plane (A,r) )
by A5, A6; verum