1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 15,700,000 as well as to the plaintiff on January 2016.

Facts of recognition

A. The instant building is divided into the portion of the commercial building (the underground floor and the ground second floor) and the apartment part (the ground third floor and the 11st floor) of 72 households. The Plaintiff is an organization comprised of occupants representatives of the apartment part among the instant building, and the Defendant is the owner of the instant commercial building.

The Defendant changed the use of the instant commercial building to a golf course, installed a parking lot inside the instant commercial building, and then removed and opened the 2.7m x 2.7m (i.e., 7.7m m., hereinafter “instant wall”) from the wall surface of the instant commercial building, thereby creating an access road to connect the first floor parking lot of the instant commercial building and the interior parking lot of the instant commercial building (hereinafter “instant access road”). On September 27, 2010, the Defendant filed an application for permission to change the use of part of the instant commercial building to “sports facilities”- golf practice range (on-site green driving range) with the purpose of “sale and business facility” (on-site green driving range) and to make a large-scale repair of the instant wall (hereinafter “instant application”). The head of the Busan Fung-gu notified the Defendant of the requirements for the consent of at least 3/4 of sectional owners, and the Defendant made an application for the approval of the use of each of the instant sectional owners’ access road (attached Form 316. 21, 2016.

(c).

On the other hand, C (the change to D) of the shopping mall of this case operated a screen golf course in the shopping mall of this case, and used the access road of this case as an access road to the parking lot inside the shopping mall of this case, and C and D pay 300,000 won per month from May (payment on June 7, 2010) to November (payment on or around March 3, 2015) of 2014 in the Plaintiff’s deposit account (payment on or around June 7, 2010) to November 3, 2014 (payment on or around March 3, 2015). [Grounds for recognition] There is no dispute over the fact that Party A, 2, 6, 9, 100 won, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings and arguments

2. Determination as to the cause of the claim