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(영문) 광주고등법원(제주) 2020.01.10 2019누1427
신문사업자 지위승계신고 수리 및 신문사업변경등록처분취소
Text

1. On January 20, 2016, according to the Plaintiff’s primary claim added by this court before remanding.

Reasons

1. The following facts, including the details of the disposition, do not conflict between the parties concerned, or may be recognized in full view of the whole purport of pleadings, in each entry in Gap's 1 through 6, 10, 16, 17 (including the serial number; hereinafter the same shall apply), Eul's 1 through 4, Eul's 1 through 7, and 10:

Plaintiff’s establishment and newspaper registration 1) C Co., Ltd. (hereinafter “C”).

(E) A newspaper was issued under the name of “E” and was put in the management crisis due to financial difficulties around December 2012 (registration number F). A representative director G left the management of C on December 7, 2012 to its executives and employees, and a large number of executives and employees constituted “E Emergency Countermeasure Committee” to continue to issue E until the company’s normalization is completed on December 9, 2012 (However, with respect to E newspapers and Internet news, the transfer period was set by the time limit until the dissolution of the Emergency Countermeasure Committee). G entered into a contract on December 9, 2012.

C was disposed of in default on December 10, 2012, and G submitted a resignation of the C representative director on the same day, but the said resignation was not reported to the C’s board of directors and was not accepted in a regular manner.

3) On February 5, 2013, the C Council ratified a contract for the transfer of rights, such as a trademark right, entered into between G and Emergency Countermeasures Committee. 4) On January 24, 2013, seven joint representatives of L and other emergency countermeasure committees, including L, acquired trademark rights on three trademarks (hereinafter “each trademark right of this case”) from C, and registered the transfer of rights. C acquired each of the above trademark rights from L, etc. on April 11, 2013, thereby transferring the transfer of rights.

On August 27, 2013, H, which had been a C director, established the Plaintiff on August 27, 2013 at the request of the Emergency Countermeasure Committee, and the majority of executives and employees who were employed in C, transferred their positions to the Plaintiff in the form of new employment.

The newspaper company held by C is a newspaper company.

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