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(영문) 대전지방법원 2017.01.10 2016가합100014
특허권이전등록말소
Text

1. On October 2015, the Defendant shall grant to the co-litigants the share of 1/2 of the D method patent rights (patent number E) to the Korean Intellectual Property Office.

Reasons

1. Presumed facts

A. On September 23, 2015, the Plaintiff acquired 5,930 shares equivalent to 11.74% of the total number of shares issued by the Intervenor from G, a shareholder of the Intervenor, from the Intervenor, and G reached the Intervenor on October 5, 2015 by notifying the Intervenor of the acceptance of shares. On October 5, 2015, the Plaintiff sent a notice of the acceptance of shares and the transfer of shares to the Intervenor, and reached the Intervenor around that time.

B. The Intervenor was a patentee of the instant patent. The Intervenor’s shareholders, based on the instant patent, established H Co., Ltd. (hereinafter “H”) on August 1, 2012, in order to fully foster the production and painting of materials for mixing with respect to the instant patent, and H transferred one-half shares of the instant patent on March 28, 2013, and jointly owned the instant patent by the Intervenor and H.

C. However, on October 19, 2015, the Defendant, the representative director of the Intervenor, acquired 1/2 shares of the instant patent from the Intervenor without undergoing a resolution of the Intervenor’s general meeting of shareholders or the board of directors, and completed the registration of transfer of patent rights, and completed the registration of transfer of patent rights with respect to 1/2 shares of the instant patent from H on the same day.

On December 11, 2015, the Plaintiff filed a claim against the Defendant for the cancellation registration of the patent transfer of this case against the Intervenor.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 12, the purport of whole pleading

2. As to the legitimacy of the instant lawsuit, the Defendant asserts that “the Intervenor’s beneficial shareholder is the Defendant and her husband, and G and her family members are merely nominally entrusted with shares and do not have a substantial shareholder. Therefore, the Plaintiff who acquired shares from G cannot file the instant lawsuit. In addition, insofar as the instant lawsuit is unlawful, the Intervenor’s participation in co-litigation is also unlawful.”

This is presumed to be a shareholder of the company and to reverse it, which is registered as a shareholder in the register of shareholders.

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