1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the statements in Gap evidence 1 to 6 (including the number of branch offices), Gap evidence 9, Eul evidence 1, Eul evidence 5, and Eul evidence of the first instance court witness F and the purport of the whole pleadings. A.

The defendant was delegated with the authority of G's mother, the owner of the 1st floor E shop in Busan Northern-gu (hereinafter "the commercial building in this case"), and 66 commercial buildings management and lease from G.

B. On January 27, 201, the Plaintiff entered into a lease agreement with F, an agent of each owner of the 32 rooms, including (i) 36 through 39, 56 through 72, and (ii) 90 through 100 of the instant commercial building (hereinafter “each of the units of this case”), with F, the lease deposit amount of KRW 50,030,000 for each of the above units of rooms; (iii) from February 8, 2011 to March 30, 2013 for the lease term of KRW 8,00,000 for the rent from February 8, 201 to February 7, 2012; and (iv) from February 8, 2012 to February 1, 2000 for the lease agreement of KRW 10,000 for the value-added tax (hereinafter “ separate lease agreement”).

C. The Plaintiff: (a) included the passage portion between the heading rooms of this case (hereinafter “the passage portion of this case”) in the leased object; (b) requested F to consent to use the passage portion as a KIKO; and (c) F consented to the Plaintiff’s request with the consent of seven of nine operating members of the operating committee of the commercial building of this case; and (d) the Defendant consented to the Plaintiff’s request as the above operating committee member.

The Plaintiff combined each of the heading rooms and passage parts of the instant case with the KIKO, and operated the KIKO from April 201 to D with the trade name of D.

E. On February 2012, the Defendant’s use of the instant passage part, which is a common area, to the head of Busan Northern District Office, by remodelling it into the KIKO is in violation of the Act on Ownership and Management of Condominium Buildings, and thus ought to be restored to its original state.