1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On August 24, 2016, the Plaintiff entered into a contract with the co-defendant B of the first instance trial on the following terms: (a) the Plaintiff entered into a contract with the Plaintiff: (b) the Plaintiff to transfer all of the equipment, etc., including the equipment, etc., of the “G” operated by B, and the equipment, etc., of the “Ima” located in the Daegu Seo-gu, Daegu, which was leased and operated by B (hereinafter collectively referred to as the “instant transfer object”); and (c) the said contract to the Plaintiff, with the total sum of KRW 5.2 billion (hereinafter referred to as the “instant Mart”; and (d) the said contract.

B. Although the Defendant did not qualify as a licensed real estate agent, the Defendant lent the name of S which is a licensed real estate agent and arranged the instant marina sales contract between the Plaintiff and B.

C. On August 24, 2016, the date of concluding the instant marina sales contract, the Plaintiff paid KRW 300 million as the down payment, and KRW 300 million as the intermediate payment on August 30, 2016, respectively.

On the other hand, on August 30, 2016, the registration of creation of a mortgage over the second priority of K, debtor B, and maximum debt amount of KRW 500 million was cancelled on August 30, 2016. On the same day, the registration of creation of a mortgage over L, the debtor, and the maximum debt amount of KRW 1.8 billion was terminated.

E. On September 10, 2016, the Plaintiff’s father J, who participated in the process of concluding the instant marina sales contract together with the Plaintiff, prepared and delivered to B a letter of undertaking, on behalf of the Plaintiff, that “I, on the part of the Plaintiff, give up to F, 101, 119 G Mart sales cases, and I, EM rental cases located in H, respectively.” On the same day, the Plaintiff was issued a promissory note with a face value of KRW 60 million issued by B (hereinafter “instant promissory note”).

F. B entered into a contract with M on September 10, 2016 that sells the subject matter of the instant marina sales contract (hereinafter “the second marina sales contract”) as a broker of the Defendant, and on September 22, 2016.