등록무효(특)
The judgment below is reversed, and the case is remanded to the Patent Court.
Defendant Cheongjin Co., Ltd.
Judgment ex officio is made.
1. When a decision is made to commence the rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act, the right to perform the debtor's business and manage and dispose of assets shall be exclusively applied to the administrator (Article 56(1)), and the administrator shall be the party in the lawsuit concerning the debtor's property (Article 78), and the "litigation concerning the property" in this Article shall also include a trial seeking the invalidation of registration of a patent related to the rehabilitation company. Thus, in such a trial, the rehabilitation company is not a party, and only the administrator shall be the party to the lawsuit.
On the other hand, if a claimant has indicated a rehabilitation company as a party without standing to be a party, the Intellectual Property Trial and Appeal Board should determine the party by taking into account the contents of the request for a trial, not only the indication of the party.
If the confirmed party is the custodian, the identification of the party should be corrected as the custodian, and then the judgment should be dismissed if the confirmed party is the rehabilitation company.
(see, e.g., Supreme Court Decisions 93Hu1414, Jan. 12, 1995; 97Hu371, Jan. 26, 1999; 2012Da68279, Aug. 22, 2013). In addition, where a party on a trial decision files a lawsuit seeking the revocation of a trial decision by making a trial decision as a party to the rehabilitation company without taking such measures, the Patent Court in charge of the fact-finding of the lawsuit seeking the revocation of a trial decision should not only refer to the indication of the party to the complaint, but also determine the party by taking into account the contents of the claim.
If the confirmed party is the custodian, the identification of the party should be corrected as the custodian, and the trial decision should be judged as illegal because the party is not qualified as the party, if the confirmed party is the rehabilitation company.
2. The reasoning of the lower judgment and the record are as follows.