무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A lawsuit for confirmation requires a benefit of confirmation as a requirement for protection of a right, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a confirmation judgment against the defendant in order to eliminate the imminent anxiety and danger in the Plaintiff’s rights or legal status (see Supreme Court en banc Decision 96Da11747, Oct. 16, 197). While the Plaintiff obtained an exclusive license from C to exclusively use his/her registered trademark (trademark No. D) in the Republic of Korea and registered and used the exclusive license in the Defendant’s name as the Plaintiff’s birth, the Defendant infringed the Plaintiff’s exclusive license by concluding a modified contract to extend the period of the exclusive license with C without the Plaintiff’s consent, and thus, the above modified contract is invalid.
However, even if the Plaintiff asserted that the exclusive license for C’s registered trademark was registered in the name of the Defendant even before the above modified contract was concluded, and thus, the above modified contract, which was nothing more than extending the period of the exclusive license, cannot affect any legal relationship between the parties even if it is confirmed that the above modified contract is null and void, and thus, it cannot be deemed as the most effective and appropriate means to remove the
Therefore, the lawsuit of this case is unlawful because there is no benefit of confirmation, and it is so decided as per Disposition.