1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff was established around December 3, 2002 and operated the business of manufacturing and selling beauty materials (hereinafter “Plaintiff”) and registered the domain name “C” (hereinafter “the domain name of this case”) and used as the Plaintiff’s website.

B. Meanwhile, around September 9, 2013, D, registered as the representative director of the Plaintiff Company, completed the procedure for transferring the domain name of this case to the Defendant.

(hereinafter referred to as the “instant transfer agreement”) which constitutes the cause of the registration.

Plaintiff

On November 27, 2014, the company completed the registration of retirement on December 5, 2008 that D has retired on the corporate register.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 6, 13, Eul 18, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that even before D had withdrawn, the actual operator of the plaintiff company was aware that D had been I and H, and the transfer agreement of this case is null and void as a false declaration of agreement, considering the fact that D had no power of representation before D had obtained D and H's confirmation on April 12, 2012, which was subsequent to D and D's resignation, and that D had different knowledge about D's resignation at the time of the transfer agreement of this case, for which a considerable time has elapsed since D expressed its intention of resignation, is contrary to the empirical rule, in full view of the fact that D, which had no power of representation, concluded a transfer agreement of this case with the defendant, and thus, the transfer agreement of this case was null and void as a false declaration of agreement.

Therefore, the defendant is obligated to implement the procedure for transferring the domain name of this case to the plaintiff.

B. Comprehensively taking account of the respective descriptions and arguments stated in Gap evidence Nos. 5-1, 7-1, 9, and 10-1, as well as the overall purport of each of the evidence stated earlier, D submitted to the plaintiff company a resignation letter to the effect that the representative director is resigned on February 14, 2012, and 2, D are the "Plaintiff" on April 12, 2012.