1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

1. Basic facts

A. On May 16, 201, Nonparty D purchased 250,000,000 won (F 130,000,000 G 120,000 KRW KRW 120,000,000) in total from E through the brokerage of Defendant B (hereinafter “instant sales contract”), and the Plaintiff, a certified judicial scrivener, as the seller, received the said sales price on behalf of the seller, and processed the registration of ownership transfer, etc.

B. The aforementioned D gave the Plaintiff KRW 80,000,000 in total as the down payment (i.e., KRW 25,000,000 on May 16, 2011 by account transfer on May 16, 2011, KRW 30,000 on account transfer of KRW 30,000,000 on May 17, 2011.

C. On July 7, 201, the Plaintiff received KRW 50,000,000 from D as the above sales price, and KRW 120,000,000 on September 8, 201 as each account transfer.

D received the registration of ownership transfer from E on October 12, 201, with respect to the Franchi-gun, Yangyang-gun, Gyeonggi-do, for which the registration of ownership transfer was completed. On October 20, 2008, it found on October 20, 2008 that the registration of collateral security and superficies creation (hereinafter “registration of collateral security, etc.”) was completed with respect to the said forest and land with the obligor and the maximum debt amount of KRW 56,00,000, and demanded the Plaintiff to cancel the registration.

E. On August 1, 2012, the Plaintiff and Defendant B drafted and delivered to D, by October 2, 2012, a letter stating that all civil and criminal responsibilities will be held if the registration of creation of the instant right to collateral security, etc. is not possible by October 2, 2012 (hereinafter “each letter of this case”).

F. The Plaintiff and Defendant B failed to cancel the registration of creation of the instant right to collateral security, etc. by October 2, 2012, and D filed a lawsuit against the Plaintiff for damages on October 29, 2012, and on January 24, 2013, D, a decision to commence voluntary auction based on the instant right to collateral security, paid approximately KRW 38,80,000, including the principal and interest of loans, execution expenses, etc., and paid KRW 45,000,000 to the Plaintiff on March 4, 2013.