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(영문) 서울중앙지방법원 2014.06.20 2013가합59277

서비스표권이전등록절차 이행

Text

1. The defendant is based on the plaintiff's right to each service mark stated in the separate sheet for the restoration of real name.

Reasons

Basic Facts

Attached Form

With respect to each service mark right listed in the list (hereinafter “instant service mark”), the first right holder registration was made in the name of the Plaintiff (Co., Ltd. before the change), and on August 31, 2004, the registration of transfer was made (hereinafter “registration of transfer of this case”) on the ground of future rulings.

On October 26, 2006, the registration of transfer of the instant service mark was made on the ground of transfer in the future E on October 26, 2006, and on November 6, 2007, the registration of transfer was made on the ground of transfer in the F Co., Ltd. (hereinafter “G”). On November 6, 2007, the transfer was made on the ground of transfer in the future in the F Co., Ltd. (hereinafter “F”), and on September 17, 2012, the registration was made on September 17, 2012 by the order of the Seoul Central District Court 201TBT 201T 27710.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 (including each number), and facts of recognition as to the cause of claim as to the overall purport of the arguments are as follows: D filed a lawsuit against the plaintiff against the plaintiff against Seoul Central District Court 2004Gahap35804, which claimed the implementation of the procedure for the registration of transfer of service mark right of this case; and the plaintiff winning the judgment of July 29, 2004 (hereinafter "prior judgment of this case").

D Based on the judgment prior to the instant case, D completed the registration of transfer of the instant service mark.

On December 2, 2004, the Plaintiff filed a subsequent appeal against the instant prior judgment, and on October 7, 2005, the Seoul High Court Decision 2004Na84896, which was the first instance judgment, revoked the instant prior judgment and dismissed D’s claim. D appealed filed a final appeal against the Supreme Court Decision 2005Da72898, which was March 24, 2006.

[Based on the recognition, the registration of transfer in the name of D is made according to the above-mentioned facts, based on the descriptions of Gap evidence Nos. 2 and 3 and the purport of the whole pleadings.