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(영문) 서울중앙지방법원 2019.04.19 2018가합544411
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a housing redevelopment project of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government D branch, and completed the registration of establishment of exclusive license on January 25, 2018 with respect to each of the following service marks (hereinafter “registered service marks of this case”) as “period: from January 25, 2018 to January 24, 2020”; “regional: the Republic of Korea National Institute; and the designated goods (service): 36.”

1) 1: Filing date of the first registered service mark / filing date of the registration/registration date of the renewal/registration date of the registration: E/F date / G date/ H mark: Designated service business: Chapter 36 (Building Sale Business, Real Estate Management Business, Real Estate Brokerage Business, Real Estate Brokerage Business, Office Lease Business, Apartment Management Business, Apartment Rental Business, Apartment Rental Business, Housing Management Business, Housing Brokerage Business, Housing Management Business, Receipt and Market Management Business): Filing date of the second registered service mark / filing date of the registration/registration date of the renewal/registration number: 36:

B. Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) is the Housing Redevelopment and Development Project Association established under the Urban Improvement Act for the Housing Redevelopment and Development Project of Seongdong-gu Seoul Seongdong-gu Seoul Seongdong-gu for the Housing Redevelopment and Development Project, and the name of the apartment house to be newly built in Seongdong-gu Seoul Seongdong-gu J Group (hereinafter “instant apartment house”) was set at the general meeting of the shareholders on July 5, 2016 as “K”.

C. The marks (attached Form) No. 4 are indicated in the outer wall of the instant apartment complex, the entrance entrance of the housing complex, and the entrance of each building, etc., for which the occupancy was commenced on or around March 2018, as a new construction project, are indicated in the official use part (attached Form).

Meanwhile, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entrusted with the management of the instant apartment by the Defendant Cooperatives (hereinafter “Defendant Co., Ltd.”) uses the name “K Management Office” in running the instant apartment management business.

The plaintiff's "the defendant union is not more than 1 to 4 marks listed in the attached table 1 to 4.

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