1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. On August 13, 2013, the Defendant entered into a construction contract (hereinafter “instant construction contract”) with C Co., Ltd. (hereinafter “C”) by determining the construction cost of KRW 83 billion as to the new construction works of Seongbuk-gu Seoul Metropolitan Government D ground neighborhood living facilities, as of August 13, 2013, the date of commencement, and February 28, 2015 as of the date of completion.

B. C agreed to set up a collateral security on behalf of the Defendant with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) instead of issuing a written performance guarantee under the instant construction contract.

C. Accordingly, around August 26, 2013, the Plaintiff and the Defendant entered into a mortgage agreement with the mortgagee, the obligor E (C’s agent), the maximum debt amount of KRW 73,00,000 with respect to the instant real estate (hereinafter “mortgage agreement”). The same year is applicable.

8. 27. 27. The registration of the establishment of a mortgage on the instant real property as stated in the purport of the claim was completed.

On September 13, 2013, the Defendant prepared a written confirmation of the following (hereinafter referred to as “instant confirmation”) and issued it to C’s agent E.

On August 13, 2013, the registration of creation of the instant neighboring mortgage was concluded for the representative of Seongbuk-gu Seoul Metropolitan Government G company B as “A” to “B”, and it is confirmed that the establishment of a collateral mortgage will be terminated automatically and the establishment of a collateral mortgage will be terminated automatically upon completion of the new construction work of Seongbuk-gu Seoul Metropolitan Government F.

E. Upon the discovery of the base-breaking construction works under the instant construction contract, which are larger than the initially scheduled amount, C requested the Plaintiff to increase the construction price. Accordingly, on October 10, 2013, the Plaintiff and the Defendant agreed to increase the construction price in KRW 66 million.

F. By April 15, 2014, the Defendant is subject to the instant construction contract to C.