배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to the trademark right "C, registration number: D: 29 - Kim, U.S., and protruding (hereinafter "the trademark right of this case"), E completed the registration of partial transfer of the right due to transfer to F on April 14, 2004 to F upon receipt of the trademark registration of the Korean Intellectual Property Office, and the F completed the registration of partial transfer of the right due to transfer to H on May 25, 2004 to H on the receipt of the trademark registration of the Korean Intellectual Property Office, < Amended by Presidential Decree No. 18748, Aug. 9, 2005; Presidential Decree No. 18747, Aug. 9, 2005; Presidential Decree No. 18747, Aug. 22, 2005; Presidential Decree No. 18757, Aug. 22, 2005>
B. On August 21, 2007, the plaintiff asserted that the trademark transfer contract of this case between E and F should be revoked as a fraudulent act, and filed a lawsuit against F, J, the defendant, etc. for the claim (Seoul Central District Court 2007Gahap71566) such as the cancellation of the trademark transfer registration, and the transfer contract of this case between E and F was revoked on August 13, 2008, and the judgment of the claimant was rendered on April 14, 2004, stating that "F, J, and the defendant will cancel the trademark transfer registration of this case between E and F," and the defendant appealed (Seoul High Court 2008Na84283) but the defendant appealed on June 3, 2009 (Seoul High Court 209Da715666) but the defendant was revoked on June 14, 2009 (the above judgment of the court below became final and conclusive, but the judgment of the court below was revoked on June 10, 2009).
C. After that, according to the ruling of revocation of fraudulent act of this case, the trademark right of this case is above.
As the registration of registration of the transfer is completed (1) through (4), the title of the registration of the trademark of this case was returned to E on July 15, 2010.
On the other hand, E is above B.
subsection (b).