1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

1. The Plaintiff’s assertion E Co., Ltd. (hereinafter “E”) newly constructed a three-story underground and a five-story modern commercial building (hereinafter “G”) on the ground of F 3,974 square meters in Jung-gu in Seoul, Jung-gu, Seoul, and the five-story modernized commercial buildings.

However, due to the default of E and the escape of E representative director, the new construction of the commercial building in this case was at risk.

Accordingly, the Plaintiff invested more than seven billion won in the Plaintiff’s capital and used it for the repayment of the obligation for the construction cost to the trial of the instant commercial building, and the Plaintiff completed the change of the name of the owner in the name of the building in the name of H Co., Ltd. (the trade name before the change: I. hereinafter “H”).

Since then, H completed the construction of the new commercial building of this case around August 1994, and completed registration of preservation of ownership of the commercial building of this case H in the future.

However, during the above process, the Defendants, other than the shareholders of H, conspired with J and K, forged the minutes of the temporary general meeting of H on February 26, 1994, removed the Plaintiff from the representative director of H, appointed J and K as the joint representative director, and then disposed of the instant commercial building at a very low price without authority, thereby reducing H and the instant commercial building.

Since the above acts by the Defendants are null and void, the Defendants are liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the above acts.

Property damage suffered by the Plaintiff is at least KRW 7 billion, which is the Plaintiff’s investment amount in the commercial building of this case, but the amount of KRW 31 million as part of its claim and its main claim is from February 26, 1994, which is the forgery date of the minutes of the above provisional shareholders’ meeting, and from February 26, 1994, the conjunctively, the Defendants seek for the payment of damages for delay from August 26, 1994, which had completed the registration of the provisional promise for sale in L.

2. Determination

A. Res judicata of a final and conclusive judgment affects a judgment on the existence of legal relations alleged as a subject matter of a lawsuit, and thus, the same parties are entitled to a prior suit.