1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 14, 2010, the Plaintiff (the trade name at the time of the contract was “Smi Construction Co., Ltd., but the trade name thereafter was changed to “Smi General Construction Co., Ltd.”) received a contract by setting the construction price for the external access road construction work from Marnlon Co., Ltd. as KRW 1,022,60,00, and the construction period from September 14, 201 to March 31, 201.

B. On September 14, 2010, the Plaintiff was awarded a contract for the construction work of internal civil engineering works (including internal entry roads) among marina club construction works from Marnlon Co., Ltd. with the construction work price of KRW 2,985,00,000, and the construction period from September 14, 201 to March 31, 201.

C. Around November 2010, the Plaintiff was awarded a contract for construction work of a golf club in the form of marina club from Marlon Co., Ltd. with the construction cost of KRW 5,284,400,00, and the construction period of construction from Nov. 1, 2010 to Dec. 2, 2010.

On January 7, 2011, the Plaintiff: (a) opened a lane for increased or decreased access roads to marina course; (b) opened an existing drainage car expansion project; (c) paid the construction cost of the paid-in repair project; (d) fixed the construction period from January 7, 201 to March 30, 201; and (e) fixed the construction period from January 7, 201 to March 30, 201.

E. On March 201, the Plaintiff completed all of the above construction works.

F. Meanwhile, on June 26, 2009, the UN Development concluded a loan agreement with the Gyeonggi Mutual Savings Bank, Korea Mutual Savings Bank, Promotion Mutual Savings Bank, Korea Mutual Savings Bank, and Yong-Nam Mutual Savings Bank to obtain a loan within the extent not exceeding twenty-seven billion won.

Marina Co., Ltd. signed and sealed the above loan agreement as a surety and a joint guarantor.

G. On March 30, 201, Mar. 30, 201, Mar. 30, 201, Mylon Co., Ltd. (hereinafter “instant land”), five parcels, including the Defendant and the 340,274m2.3m2 (hereinafter “the instant land”), located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.