2019Da213207 Revocation, etc. of Fraudulent Act

A Stock Company

Law Firm Uniform (Attorney in charge)

C

Seoul High Court Decision 2018Na2039677 Decided January 17, 2019

May 30, 2019

The judgment of the court below is reversed.

The judgment of the first instance court is revoked, and the lawsuit is dismissed. All costs are borne by the defendant.

The grounds of appeal are examined.

Where a lawsuit seeking revocation of a fraudulent act against a beneficiary and restitution of the original status is filed and the creditor has already rescinded or terminated the fraudulent act while the lawsuit is pending, and the creditor has returned to the debtor by punishing the property for return due to revocation of the fraudulent act, barring any special circumstance, the purpose of the lawsuit seeking revocation of the fraudulent act is already realized and the benefit of the protection of rights is no longer effective (see Supreme Court en banc Decision 2012Da952, May 5, 2015; 2015; Supreme Court Decision 2012Da952, Apr. 11, 2019).

According to the records, the plaintiff filed the lawsuit of this case against the defendant, a beneficiary, seeking the cancellation of the trademark right transfer contract of this case and the cancellation of the registration of transfer of rights, and the trademark right of this case

On February 27, 2019, which was after the closing of argument in the lower court, the fact that the registration of transfer of rights was completed in the future of the debtor corporation B, a debtor.

Examining these facts in light of the legal principles as seen earlier, the judgment of the court below cannot be maintained as it is, on the ground that the trademark transfer contract of this case is a fraudulent act, and the lawsuit of this case claiming the cancellation of the registration of transfer of rights is unlawful as there is no benefit in the protection of rights. The ground of appeal assigning this error

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient for the Supreme Court to directly render a judgment, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-soo

Justices Kim Jong-il

Chief Justice Lee Dong-won

Justices Park Il-san