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(영문) 서울고등법원 2015.04.21 2014나2027621
상표권이전등록 청구 등의 소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is written in the attached list 2, 4, and 6, respectively, to the plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “each trademark right and service mark right listed in paragraph (1)” under two above 3 pages of the judgment of the court of first instance shall be “each trademark right and service mark right listed in paragraph (1)”; “trademark right and service mark right listed in paragraph (2)” under one below shall be “trademark right and service mark right listed in paragraph (1)” and “trademark right and service mark right listed in paragraph (2)”, and “trademark right and service mark right listed in paragraph (2)” under the judgment of the court of first instance shall be as stated in the part “1. Basic Facts” among the reasons for the judgment of the court of first instance, and shall be cited pursuant to the main sentence

2. The reasons why the court should explain this part of the arguments and judgments are as follows.

as described in the subsection, the following B:

In addition to adding the judgment of the defendant on the defendant's argument as stated in the paragraph, it is identical to the entry of "2. argument and judgment" in the reasoning of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

Jin shall add the following "Unless there are special circumstances," 7 pages 8 of the first instance judgment.

The term "each trademark right and service mark right listed in paragraph (1)" shall be read as "each trademark right and service mark right listed in paragraph (1)", "each trademark right and service mark right listed in paragraph (1)", "each trademark right and service mark right listed in paragraph (1)", "each trademark right and service mark right listed in paragraph (1)", "each trademark right and service mark right listed in paragraph (1)", "each trademark right and service mark right".

The "trademarks and service mark rights" in the 7th judgment of the first instance court are "trademarks and service mark rights" in the 11th judgment, 9th judgment, 4-6th and 10th judgment.

At the bottom of the 8th judgment of the first instance court, the plaintiff who was in the position of the title holder of the registration is "the true right holder who was in the position of the title holder of the registration".

B. On the Defendant’s assertion, the Defendant is not bound by the purport of the claim or the cause of the claim in question, but can freely determine its content by the agreement of the parties.

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