사해행위취소 등
The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
All costs of the lawsuit are assessed against the defendant.
The grounds of appeal are examined.
The purpose of the lawsuit for revocation of a fraudulent act is already realized and the benefit of protection of rights is no longer to be secured by the lawsuit, unless there are special circumstances in the case where the fraudulent act is rescinded or terminated while the lawsuit is pending and the creditor returns to the debtor by punishing the property for which the return is sought by the revocation of the fraudulent act.
(see Supreme Court en banc Decision 2012Da952, May 21, 2015). The requirements for litigation, such as the benefit of protection of rights, are matters to be ex officio and determined by the court ex officio, even if the parties did not assert such matters. In a case where the requirements for litigation are not satisfied after the closing of arguments at the fact-finding court or where the defects thereof are cured,
(See Supreme Court Decision 2018Da283261 Decided April 11, 2019). The record reveals the following: (a) the Plaintiff filed the instant lawsuit against the Defendant, a beneficiary, seeking cancellation of the instant trademark transfer contract and the registration of transfer of rights; and (b) the fact that the registration of transfer of rights was completed on February 27, 2019, the debtor corporation B, a debtor, on February 27, 2019, following the closing of argument in the lower court.
Examining these facts in light of the legal principles as seen earlier, the judgment of the court below cannot be maintained as it is, on the ground that the trademark transfer contract of this case was fraudulent and thus, the lawsuit of this case claiming the cancellation of the registration of transfer of rights is unlawful because it has no interest in the protection
The ground of appeal assigning this error is with merit.
Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient for the Supreme Court to directly render a judgment, the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, and the total costs of the lawsuit shall be borne by the defendant.