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(영문) 대전지방법원홍성지원 2013.09.12 2013가합383
특허권이전등록말소등록절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was established on July 31, 2012 as a company mainly aiming at the solar power plant sales business, etc., and changed its name to its trade name on December 24, 2012.

The defendant is the actual operator of E as a company with the main purpose of the solar power plant electricity sales business.

B. On August 6, 2012, each patent right listed in the separate sheet (hereinafter collectively referred to as “each patent of this case”) was transferred from the Defendant (attached Form 1) and E (attached Form 2) on August 6, 2012. On September 6, 2012, the transfer registration of the patent right was completed on the ground of transfer in the future of the Plaintiff. On September 6, 2012, from the Plaintiff, the transfer registration of the patent right was completed (hereinafter “transfer registration of this case”).

C. On September 6, 2012, the original Defendant prepared an application for registration of transfer of rights (hereinafter “application for registration of transfer of rights and transfer of rights”) on September 6, 2012, stating that “the Plaintiff shall transfer each of the instant patents to the Defendant,” and that “the Plaintiff shall file an application for registration of transfer of rights” (hereinafter “application for registration of transfer of rights”). The instant registration of transfer was completed in accordance with the instant transfer certificate and the application for registration of transfer of rights.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, 14, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On July 2012, Plaintiff E decided to transfer three patent rights including each of the instant patent rights to F under the pretext of accord and satisfaction with respect to the money borrowed from F. Accordingly, Plaintiff E established the Plaintiff, a company that will take over the said three patent rights.

However, on August 6, 2012, E or the Defendant completed the registration of patent transfer for each of the instant patent rights, but forged the instant transfer certificate and the application for the registration of transfer of rights, and stolen the Plaintiff’s certificate of personal seal impression without permission.

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