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(영문) 제주지방법원 2016.11.17 2015가합11393
사해행위취소
Text

1.(a)

The transfer and acquisition contract between the defendant and J on August 17, 2015 as to the rights stated in the [Attachment 1] between the defendant and J.

Reasons

1. Facts of recognition;

A. The status of the parties 1) J Co., Ltd. (hereinafter “J”)

(2) The Plaintiffs are those who were established for the purpose of newspaper publishing business, etc. and were closed on October 23, 2013.) The Plaintiffs are those who were employed as the executives and employees of the J and retired from the J and have a claim for retirement allowances, etc. against the J.

2) On August 4, 2011, the Defendant: (a) was established with the trade name of “M of a stock company” for the purpose of packing pumps and manufacturing and selling internal funeral services; and (b) changed the purpose of its establishment into a newspaper publishing business, etc. on December 23, 2014; and (c) the Defendant’s representative director N is the co-born of the J. B. The Defendant entered into a transfer/acquisition contract with the J and the Defendant into the transfer/acquisition contract with the Defendant, as indicated in the list (1) of J and the attached sheet (hereinafter “instant right”).

(2) The term “transfer/acquisition agreement of this case” (hereinafter referred to as “transfer/acquisition agreement of this case”).

C. Around October 2015, the Defendant entered into the trademark right indicated in J and the attached Table (2) (hereinafter “instant trademark right”). The Defendant’s registration of transfer of trademark right is the trademark right indicated in the J and the attached Table (2).

2) As to the acquisition of trademark rights by transfer (hereinafter “instant trademark acquisition by transfer”) agreement, the trademark acquisition by transfer is entered into.

(iii) complete the registration for full transfer of K trademark rights. [Ground of recognition] The fact that there is no dispute, A, Nos. 1, 2, 4, 5 (including provisional numbers, hereinafter the same shall apply)

No. 4, each entry of No. 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff J’s transfer of the instant right and the instant trademark right to the Defendant in excess of debt constitutes a fraudulent act causing the shortage of joint security, and thus, the instant acquisition of right and the instant trademark acquisition agreement should be revoked.

B. The Defendant’s right of this case is not a right of the nature that can be enforced by the enforcement method of “other property rights” as stipulated in Article 251 of the Civil Execution Act.

In addition, as long as the J has already discontinued, the right of this case.

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