1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff’s change of the use of the building 1) The 5th floor building (the 4th floor research facility, the 5th floor research facility, and the hereinafter “instant building”) on the ground of the 5th floor on the land of Yeongdeungpo-gu, Young-gu, Gi

A) A new construction was conducted and around that time, the amount of wastewater discharged from the 4th and the 5th floor of the instant building was calculated on the premise that the amount of wastewater discharged from the 11.2 cubic meters (=48.2 cubic meters of the 5th floor) was 11.2 cubic meters of the instant building. (2) On December 22, 2010, the Plaintiff leased the instant 4 and the 5th floor to BDE a deposit of KRW 400,000,000, the rent of KRW 25,500,000, and the rental period of KRW 25,50,000, March 14, 2011 to March 13, 2014.

3) Around that time, the Plaintiff entered into a construction project, such as dividing the instant building 4 and 5 floors into a hospital for the lessee to use the instant building as a hospital. At that time, DoE established 40 medical rooms on the 4 and 5th floor of the instant building and installed 290 sickbeds. 4) E applied for permission to establish 40 medical rooms on June 1, 201, pursuant to Article 33(4) of the Medical Service Act, on the 4 and 5th floor of the instant building, and 290 medical institutions of the instant building, and on June 3, 2011, the Young-si market permitted the establishment of 40 medical institutions.

5) On July 5, 2011, E filed an application for permission to change the sick room and beds of the pertinent medical institution to 35 sick rooms and 240 sickbeds pursuant to Article 33(5) of the Medical Service Act, and the customary market was permitted on July 6, 2011. (B) On April 5, 2011, the Plaintiff filed an application with the Defendant for the alteration of the entries of the building ledger by changing the use of 4 and 5 stories from the building ledger of the instant building from research facilities to medical facilities pursuant to Article 19(3) of the Building Act and Article 18(1) of the Regulations on the Entry, Management, etc. of Building Registers.

2) At the time of the Plaintiff installed 5 beds from the Defendant due to the change of the use of the 4 and 5th floor of the instant building, and the volume of wastewater discharged per day increased from 11.2 cubic meters to 43.8 cubic meters from 55 cubic meters as follows:

Then, the above change of use is made.