1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Facts of recognition;

A. On September 1, 201, the Defendant purchased, as the Plaintiff’s intermediary, the sum of 177 square meters in Gyeyang-gu C and D land size (hereinafter “instant forest”) at KRW 150 million.

B. On September 1, 201, the Defendant paid to the Plaintiff a fee of KRW 26.5 million. On November 1, 201, the Defendant prepared and delivered a loan certificate (Evidence 1-1; hereinafter “the first loan certificate”) and a promissory note (Evidence 1-2) with the maturity of payment (payment date) on November 10, 2011. (c) On November 2, 2011, the Defendant made and issued the loan certificate (Evidence 1-1; hereinafter “the second loan certificate”). On November 2, 2011, the Defendant made and issued the loan certificate (Evidence 2; hereinafter “the second loan certificate”) with the maturity of payment as of November 10, 201.

The defendant set up and set up a mortgage based on the second loan certificate to the plaintiff, set up documents necessary for the establishment of the right to collateral security, and deliver them to the plaintiff as well as the second loan certificate.

E. While the Plaintiff did not set up the right to collateral security based on the second loan certificate, the Plaintiff returned all the documents related to the second loan certificate and the right to collateral security to the Defendant at the Defendant’s request.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 2, purport of whole pleadings

2. Determination

A. The plaintiff asserted 1) The plaintiff agreed to receive 26.5 million won as real estate consulting fees for the forest of this case from the defendant and received the first loan certificate, and received the second loan certificate and the second document related to the right to collateral security. Since the term of validity of the defendant's certificate of personal seal impression necessary for the establishment of the right to collateral security has expired, the plaintiff cannot make the establishment of the right to collateral security after the expiration of the term of validity of the defendant's certificate of personal seal impression, the second loan certificate and the documents related to the right to collateral security are returned to the defendant's return of the second loan certificate and the documents related to the second loan and the right to collateral security, and the defendant did not waive his claim based on the above, and thus,