A. The Plaintiff filed a lawsuit claiming the return of the establishment deposit (Seoul Southern District Court 201Gau4542) against C Co., Ltd. (hereinafter “Nonindicted Company”). On January 26, 2012, the decision of recommending settlement was rendered and confirmed.

B. As to the patent right listed in the separate sheet (hereinafter “instant patent”), the non-party company, D, and the Defendant were registered as co-owners.

C. The Plaintiff filed an application for an order of seizure or sale of the patent of this case with the title of execution for the decision of recommending settlement with respect to the non-party company (Seoul Southern District Court 2012TTTTT19294), and D and the Defendant consented to the sale of the patent of this case.

However, the sale procedure of the patent of this case did not proceed any longer as the payment issue of appraisal cost.

In order to prevent the cancellation of the patent right of this case, the Plaintiff paid KRW 318,000 per year to the Korean Intellectual Property Office on April 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination:

A. The Plaintiff asserts that, as the Defendant agreed to waive the patent right of this case, the Plaintiff is obligated to cancel the registration of the patent of this case.

In addition, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant consented to the sale procedure for the smooth progress of the sale procedure for the patent right of this case. However, as to whether the Defendant expressed to the Plaintiff the intent to waive the patent right of this case, the evidence submitted by the Plaintiff is insufficient, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's claim is without merit.

B. (1) The fact that the Plaintiff paid KRW 318,00 of the annual patent registration fee to the Korean Intellectual Property Office to prevent the cancellation of the patent right of this case is as seen earlier.

(2) The Plaintiff’s above payment of registration fees is the Defendant.