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(영문) 서울중앙지방법원 2014.11.28 2013가합67544
소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 3, 2007, the Plaintiff obtained registration of transfer of rights to each service mark right listed in [Attachment 2 and 3] from D Co., Ltd. on September 3, 2007. On April 17, 2009, the Plaintiff obtained registration of creation of rights to each service mark right listed in [Attachment 1] as to each service mark right listed in [Attachment 2 and 3] as to each service mark right (hereinafter “instant service mark”).

Plaintiff

The plaintiff asserts that the above contract was not prepared by himself, and the defendant also argued that the above contract was prepared by H, his father, and that it was not prepared by the plaintiff.

On May 1, 2012, in the name of the Defendant, Co., Ltd. E (hereinafter “Defendant”) who was in office as the representative director, a sales contract was prepared with the content that the Defendant purchases all of the cosmetic and trademark rights related thereto (including the service mark in this case), goodwill, headquarters office and house office, etc. (hereinafter “instant sales contract”).

On May 14, 2012, with respect to the instant service mark, the registration of transfer of rights in the name of the Defendant (hereinafter “registration of transfer of rights”) was completed under the receipt of the Korean Intellectual Property Office C on the grounds of the instant sales contract.

[Reasons for Recognition] A’s assertion of the parties to the overall purport of the Plaintiff’s assertion of the purport of the Plaintiff’s assertion as to the Plaintiff’s assertion of the Plaintiff’s assertion was made by forging a sales contract with the Plaintiff’s employees, thereby making it invalid as not only lawful grounds but also without lawful procedures. Family G entered into the instant sales contract on behalf of the Plaintiff.

Even if this is null and void as an act of representation without authority, the registration of transfer of this case is also null and void.

Therefore, the defendant is obligated to execute the registration procedure for the transfer of this case to the plaintiff.

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