logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.10.02 2014가합101198
특허등록명의이전절차 이행청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the Plaintiff’s claim as to the cause of the claim was agreed on December 19, 2012 to transfer each of the patents listed in the separate sheet (hereinafter “each of the patents of this case”) to the Plaintiff on or around December 19, 2012, but has not been implemented until now. As such, the Plaintiff sought procedures for registration of transfer of each of the patent rights of this case against

If the authenticity of the seal imprinted by the seal imprinted on a board, and the seal imprinted by the document is affixed, barring any special circumstance, it shall be presumed that the act of affixing the seal is based on the will of the person who prepared the document. On the other hand, if the authenticity of the seal is presumed, the authenticity of the document shall be presumed to have been established. However, if it is found that the act of affixing the seal was carried out by a person other than the person who prepared the document, the document presenter is liable to prove that the act of affixing the seal was based on the legitimate title delegated by the person who prepared the document.

(see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). According to the Plaintiff’s evidence No. 1-1, the Defendant’s legal seal affixed on December 19, 2012 to the transfer certificate stating that the Plaintiff shall transfer the entire share of each patent of this case’s patent to the Plaintiff (hereinafter “transfer certificate”).

However, in full view of the statements in Eul evidence Nos. 1, 2, 3, and 4, and the purport of the entire argument in witness Eul's testimony, the plaintiff transferred part of the shares of each patent of this case to the defendant at KRW 150,000,000 on September 1, 2011. The defendant paid all the above transfer proceeds to the plaintiff from September 1, 201 to July 18, 2012. According to the above transfer contract, the plaintiff registered the transfer of each patent of this case to the defendant around September 2012. D, the husband of the representative director of the plaintiff, obtained the permission of the defendant's chief executive officer Eul from the defendant's chief of accounting division on December 12, 2012.

arrow