(영문) 서울중앙지방법원 2014.11.20 2013가합76739

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(영문) 서울중앙지방법원 2014.11.20 2013가합76739

건물명도 등

Text

1. Defendant B Co., Ltd.: from 323,440,04 to 323,40,044, to 27 February 27, 2014 to 1, and 2, respectively.

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff entered into an agreement on joint operation of the real estate (hereinafter “instant agreement”) under which Defendant B Co., Ltd. (hereinafter “Defendant B”), C, and Defendant C using the portrait right and publicity right, and each real estate listed in the separate sheet No. 1 and No. 2 (hereinafter “instant real estate”). Although the agreement states that only the real estate listed in the separate sheet No. 1 is provided for joint operation, the agreement on joint operation of the real estate, which is the buildings on the said real estate, shall be deemed to have been the subject of the instant agreement, was concluded. The main purpose of this agreement is to determine the Plaintiff’s main content by operating the instant real estate by utilizing the Plaintiff’s trademark right and portrait provided by the Plaintiff, and by acquiring operating profits and improving the value of the instant real estate.

Article 1 Scope of License

1. Trademark rights: All of the trademark rights applied or registered by Defendant B in connection with Defendant C;

2. Initials and names: limited to the scope permitted and provided by Defendant B among the names of the portraits and characters of Defendant C provided by Defendant B;

3. In cases where intending to use the portraits, logos, related images, etc. by altering them in using the portraits, logos, etc. as referred to in paragraph (2), prior approval shall be obtained from Defendant B and C.

Article 2 Contract Period and Contract Deposit

1. This Agreement is effective from October 1, 2012 to October 9, 2014.

2. In the event that no written notice is given within one month before the expiration of the contract, this contract shall be automatically extended every one year.

Written notification shall be deemed to have been notified even if it is not sent to the party's address under this Agreement.

3. Upon entering into this contract, Defendant B shall pay to the Plaintiff KRW 50 million as the lease deposit.

Article 3 Development and Operation of Real Estate

1. Defendant B is the trademark right of Defendant C,

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