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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 1, 2014, the Plaintiff is a corporation established for the purpose of manufacturing clothes and wholesale and retail business, and on March 1, 2014, the Plaintiff’s representative director “C” was the transferor, and the D Co., Ltd. (hereinafter “D Co., Ltd.”) was the transferee, and the Plaintiff’s assets and liabilities were the comprehensive transfer contract for the corporation that takes over the Plaintiff’s assets and liabilities (hereinafter “instant transfer contract”).
B. On April 22, 2014, the non-party company completed the registration of transfer in the name of the non-party company on the trademark right registered under the name of the Plaintiff, and the F Co., Ltd. (hereinafter “F”) was established on May 1, 2014 for the purpose of manufacturing and selling clothes, and completed the registration of transfer in the name of F on May 30, 2014.
C. As F’s creditor, the Defendant purchased the goods indicated in the attached list (hereinafter “instant goods”) from Seoul Southern District Court 2014, 5757, which was conducted on the basis of the Defendant’s No. 380 of the No. 380 of the No. 2014, the Defendant’s No. 2014, which was based on the Defendant’s No. 5757’s No. 1380 of the No. 2014, to KRW 43,013,50 of the appraised value
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 15, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the transfer of the instant case was also rescinded on the grounds of the non-party company’s nonperformance, and the non-party company is obligated to return to the Plaintiff the assets acquired from the Plaintiff or to return the assets already disposed of, thereby making it impossible to return the original assets.
Meanwhile, even if F is a corporation substantially identical to the non-party company or is not so, transfer of assets between F and the non-party company is null and void by a legal act through a false conspiracy, and all clothes, including the instant goods, possessed by F are all goods.