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(영문) 특허법원 2018.06.15 2017나2325

상표권 등 권리이전등록절차이행

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. The Plaintiff is a creditor of the Seoul Southern District Court 2014Gahap113327 case against C, and the Defendant is an insurance solicitor since around 1999, as a wife of C, since around 199.

B. C’s establishment and management (Evidence A2, 3, 6-9) C constituted and managed the following companies in order to engage in the business of processing and manufacturing fish products.

1) On July 8, 1993, D Company E (hereinafter “E”) was established for the purpose of freezing agricultural and fishery products, cooling, and water tank processing business around 1998, and was disposed of as auction by exercising the right to collateral security due to the aggravation of financial circumstances around 1998. On December 3, 2002, the factory site was dissolved pursuant to Article 520-2(1) of the Commercial Act, and the liquidation was completed on December 19, 2005. < Amended by Act No. 5202, Feb. 10, 1998; Act No. 6303, Dec. 31, 2000>

3) On March 24, 1999, F Co., Ltd. (hereinafter “F”) was established for the purpose of the canning, food, beverage wholesale and retail, and freezing and freezing of agricultural, fishery, and livestock products. On November 25, 2008, G Co., Ltd. (hereinafter “F”) was closed down on April 7, 2005, and was established for the purpose of the canning and beverage manufacturing, selling processed agricultural, fishery, and livestock products, selling processed food, and wholesale and retail business, etc., and changed its trade name on September 1, 2008 to H Co., Ltd.

The above company closed its business on January 31, 2009, and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 2, 2013, and the liquidation was completed pursuant to Article 520-2(4) of the Commercial Act on December 2, 2016.

(c) Details of changes in rights and use (Evidence A1 and 10) of the registered trademark and service marks related to C and the Defendant, and the details of the registered trademark related to the company they have established and managed; and

(d) rights;