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(영문) 수원지방법원 2016.11.08 2015가단126202

사해행위취소

Text

1. The transfer contract concluded on September 4, 2014 between the Defendant and C concerning the trademark right indicated in the separate sheet shall be revoked.

2...

Reasons

1. Basic facts

A. C acquires each trademark right of the E, F, and G on January 4, 2010 from the Plaintiff in a de facto marital relationship, and completed the registration of transfer on the same day.

B. (1) On March 18, 201, the Plaintiff forged a written application for registration of transfer of rights in the name of C after a distinction with C, and thereby, the Plaintiff’s pro-friendly H on March 18, 201.

On November 29, 2012, the registration of transfer of each trademark right as stated in the Paragraph was made, and accordingly, the Suwon District Court was sentenced to a fine of two million won (2 million won) by Suwon District Court Decision 2012Da1462, and facts constituting the crime are as follows.

On March 18, 2011, the Defendant: (a) at the Seoul office of the Gangnam-gu Seoul Intellectual Property Office on Seoul on March 18, 201; and (b) at the Defendant’s house of the Defendant on January 2010, 201, the Defendant transferred his right to the Jan trademark (trademark number F) that he could use for goods, such as care, clothing, and shoes, to C, while living together with C, while living together with C, he thought that he was transferred the above right to C in his name; (b) on the transferor’s application form for trademark right transfer; (c) written H in C and the transferee’s column; and (d) signed and sealed the seal of the Defendant in advance; and (e) submitted it to the public official of the above Korean Intellectual Property Office, who is aware of it at the seat.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of application for transfer of rights in C, a private document related to rights and obligations, and exercised it.

“(2) (2) The Plaintiff asserted not guilty of the above judgment, but did not accept the allegation (the instant case was consolidated with the Suwon District Court 2012No5793, the Suwon District Court 2013No30, and all of the judgment below was reversed, but the Plaintiff’s allegation of innocence was not accepted). (c) C filed a lawsuit against the Plaintiff seeking registration of transfer of rights under the Suwon District Court Ansan Branch 2012Nohap2832, Jun. 30, 2012. “H” on August 30, 2012, the Plaintiff completed the receipt number K on March 18, 2011.

The procedure for the registration of the entire transfer of each trademark right as described in the paragraph.