사해행위취소 등
1. Between the Defendant and Nonparty Es.S. Co., Ltd.
(a)each trademark right listed in the separate sheet Nos. 3, 4, 5.
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 8.
On April 4, 2013, the Plaintiff received a ruling of recommending reconciliation from S.S. Co., Ltd. (hereinafter referred to as “E.S.”), to the effect that “E.S. shall pay to the Plaintiff 13 million won and the amount equivalent to 20% per annum from June 1, 2013 to the date of complete payment,” and the said ruling of recommending reconciliation became final and conclusive around that time.
B. Meanwhile, E.S. had the right to the trademark right listed in the separate sheet No. 1 and the design right listed in the separate sheet No. 2 (A) (hereinafter “instant trademark right” and “instant design right”). On November 14, 2013, the rehabilitation procedure was abolished on June 3, 2013 during the rehabilitation procedure following the decision on commencing the rehabilitation procedure by the Gwangju District Court, and closed on July 31, 2013.
C. around November 2012, E.S. concluded a contract under which the trademark right and design right of this case, the sole property, were transferred to the Defendant (hereinafter “each transfer contract of this case”) and completed each transfer registration as follows: (a) E.S. had a total of KRW 6,526,120,00,000,000,000,000, as commercial transaction debt of KRW 1,091,00,062,036; (b) a special party’s debt of KRW 580,00,00,000; and (c) a tax debt of KRW 285,806,806,110; and (d) a total of KRW 31,945,020,000,000,000,000,000,000 won, which was the sole property.
The registration of transfer subject to temporary transfer on July 17, 2014, each of the trademark rights listed in the separate sheet Nos. 3, 4, 6, 7, and 8 as of July 17, 2014 as of July 17, 2014, as of July 17, 2014, each of the design rights listed in the separate sheet No. 1, 2, and 5 as of July 26, 2014 as of July 17, 2014, each of the design rights listed in the separate sheet No. 1, 2, and 5 as of July 26, 2014.
2. Determination as to whether the exclusion period expires, the defendant shall file a lawsuit for revocation of a fraudulent act within one year from the date when the creditor becomes aware of the cause of revocation of the legal act.