1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

1. In the first instance trial, the Plaintiff filed a principal lawsuit by combining either a request for the delivery of a building and a request for the return of unjust enrichment, and the Defendant filed a claim for a counterclaim for compensation of unjust enrichment. Of the principal lawsuit, the part of the claim for a return of unjust enrichment was dismissed, only the request for a return

Since it is obvious that only the defendant filed an appeal, the part on the request for delivery of a building and the counterclaim in the principal lawsuit are subject to the judgment of the court.

2. The reasoning for the judgment on the part of the claim for delivery of a building among the facts admitted and the principal claim is as stated in each of the above parts of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on the cause of the counterclaim

A. On January 1, 2015, the Defendant found that water flows out from the water purifier located on the part of the restaurant in this case, and subsequently confirmed that the wall of the restaurant flows out to the sucking on the side of the restaurant, and that water flows out up to the back of the restaurant.

Therefore, although the defendant demanded the plaintiff to repair the water supply management to the plaintiff, the plaintiff rejected the request.

As a result, the Defendant came to suspend the instant restaurant on February 17, 2015.

As such, if the condition of damage or impairment of the restaurant of this case is not repaired, the defendant would be hindered from using and earning profits from the restaurant of this case according to the purpose of lease. Therefore, the plaintiff is obliged to repair the restaurant.

Therefore, the plaintiff who failed to perform the above repair obligation is liable to compensate the defendant for business suspension damage equivalent to the operating profit that the defendant suffered until the decision is rendered.

(b)each entry in the evidence of Nos. 3 through 5, 11, 13, 17 through 19, 21 of the Judgment (including branch numbers), No. 2;