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(영문) 대전지방법원 2015.08.26 2015가합101782
특허권 이전등록절차이행 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Around October 24, 2011, the Plaintiff entered into the instant transfer contract with the Defendant’s father D (as seen in the front and rear, it is reasonable to deem that the contract party is the Defendant and the Defendant is delegated with the comprehensive authority by the Defendant in that the patent right was registered in the future) under the following terms (hereinafter “instant transfer contract”) between the Plaintiff and the Plaintiff’s father D (as seen in the rear and rear, it is reasonable to deem that the Plaintiff is delegated with the comprehensive authority by the Defendant in that the patent right was registered in the future).

The price shall be KRW 60 million, and the contract deposit shall be KRW 60 million on the date of the contract, the intermediate payment of KRW 14 million shall be paid on the completion of all patent transfer and acquisition procedures, and the balance shall be paid as to the Plaintiff’s debt 40 million to E, and instead of resolving the Plaintiff’s debt 40 million to the Defendant, the Plaintiff shall complete the registration of transfer on November 8, 201 of the attached list 1 that the other party may rescind the contract in accordance with the transfer contract of each patent of this case, where one of the parties to transfer the entire production, such as the multi-used drawing, gold-type drawing, gold-type drawing, gold-type (pact-type 2/ press-type 11 type, cash-type 11 type, cash-type, etc.), production facilities, and all business-related documents, etc., in lieu of the Defendant’s liability and settlement.

On October 24, 2011, the Defendant changed the applicant of the patent listed in [Attachment 2] Nos. 1 and 2 in [Attachment 2] to the Plaintiff and completed the F-related patent registration procedure.

On February 23, 2015, the Plaintiff sent a content-certified mail containing an expression of intent to cancel the instant transfer contract on the ground that the Plaintiff did not pay any balance to the Defendant, and that the Plaintiff clearly clarified its intent to perform the contract.

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