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(영문) 제주지방법원 2019.02.21 2018가합11325

사해행위취소

Text

1. Of the instant lawsuit, the right to be indicated in the attached Table (1) of May 2, 2017 between the Defendant and C, among the instant lawsuit.

Reasons

1. Facts of recognition;

A. Relevant Party C Co., Ltd. (hereinafter “C”).

(2) On December 31, 1962, a company was established for the purpose of publishing newspapers, etc., and closed on October 23, 2013. Around that time, Y completed the registration of continuation of company on April 10, 2017, and Y was appointed as the representative director. (2) The designated parties are those who were employed as executive officers and employees of C and retired from C with a claim for retirement allowances, etc. against C, and the Plaintiff is those who acquired the claim for retirement allowances, etc. against C from Z and A.

3) On August 4, 2011, the Defendant: (a) established the name “AB” for the purpose of packing pumps and manufacturing and selling internal funeral services; and (b) changed the purpose of its establishment into the current trade name on December 23, 2014; and (c) changed the purpose of its establishment into a newspaper publishing business, etc.; (b) the Defendant’s representative director AC is the Y’s representative director Y’s Y. (i) the Defendant entered into an agreement on acquisition by transfer from C without compensation the right listed in the [Attachment] List (1) of August 17, 2015; (b) around September 30, 2015, the Defendant acquired by transfer the trademark right (hereinafter “instant trademark right”).

(2) On October 2, 2015, the Defendant completed the registration of the entire transfer of the trademark right of this case to AD, which was subject to the Korean Intellectual Property Office’s receipt. 3) On January 11, 2016, pursuant to Article 14 of the Act on the Promotion of Newspapers, Etc. (hereinafter “Examination Act”), the Defendant reported to the Jeju Special Self-Governing Province Governor on the succession of the status of C (hereinafter “instant title”) as to subparagraph (3) of the attached Table (hereinafter “instant title”), and the Jeju Special Self-Governing Province Governor accepted the Defendant’s report on January 20, 2016.

(c) Revocation of the first transfer or acquisition contract and subsequent measures of C 1C, Z, AE, AF and the designated parties, such as retirement allowances, against C 1C.