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(영문) 대구지방법원 2017.04.27 2016가합3434
소유권이전등록
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant designed to carry out a joint project by creating “marine area” (referring to an organization that supports fishing gear and the absence of maritime marking in seawater by using force) and registered a utility model (hereinafter “instant utility model”) as shown in the attached Form of C of the date.

B. Around May 2015, the Defendant prepared a transfer certificate stating “I will transfer the marine father-gu Patent case to AC” (hereinafter “instant transfer certificate”) to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's No. 1, 3, Eul's No. 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant, around May 2015, decided to be responsible for the Defendant’s non-commercialization of the utility model of this case and transfer the utility model right to the Plaintiff. The Defendant is obligated to transfer the registered title of the utility model right to the Plaintiff.

B. The Defendant’s assertion was prepared on the condition that the Plaintiff secures a new investor for the commercialization of the utility model of this case, and thus, the Plaintiff failed to secure a new investor. Therefore, the Defendant did not have a duty to transfer the registered name of the utility model right to the Plaintiff.

3. The Plaintiff asserts that the Defendant agreed to transfer the utility model right based on the utility model of this case (hereinafter referred to as “instant utility model right”) to the Plaintiff, and submitted a certificate of transfer (Evidence A 1) made around May 2015, the Plaintiff considered the meaning of the above certificate of transfer and the content of the declaration of intent by the parties at the time.

According to the above evidence, the transfer certificate of this case states that the defendant "I transfer the marine father-gu Patent Construction to AC (Plaintiff)" to the plaintiff, and the defendant's official seal is affixed at the bottom, but the above evidence Gap 6 and 6.

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