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(영문) 부산지방법원 2015.04.22 2014가합49534
사해행위취소
Text

1. The transfer contract entered into on May 24, 2010 with respect to the trademark right entered in the separate sheet between Defendant A and Defendant D.

Reasons

1. Determination as to the claim against Defendant A

A. Indication of Claim: The plaintiff's right to revoke the fraudulent act as to the transfer contract of this case which was entered into with the defendant A with respect to the trademark right of this case, which is the only property under insolvent on May 24, 2010 by D (hereinafter "foreign company").

(b) Judgment on constructive confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to claims against Defendant B and C

A. (1) On March 16, 2006, the Plaintiff filed a lawsuit against the non-party company as Busan District Court 2006Gahap4970, and the above court rendered a judgment on February 14, 2008 that “the non-party company shall pay to the Plaintiff the amount of KRW 867,897,060 and delay damages.” The above judgment became final and conclusive on March 8, 2008.

(2) The registration of the transfer of trademark right in the instant case, which was owned by the non-party company (A) was made on October 27, 2001 by the Defendant A and G joint owners, for the transfer of trademark right in the instant case, to the KIPO.

(B) The non-party company transferred the trademark right of this case to the defendant A and delegated the procedure for the registration of transfer to the non-party company I without permission. The non-party company asserted that G's personal information was written in the transferee column of the transfer contract and that G was completed the registration of transfer of the trademark of this case in the name of defendant A and G, and that G was completed the registration of transfer of the trademark of this case. On July 12, 2002, the non-party company filed a lawsuit against G for the implementation of the procedure for the registration of cancellation of registration of the trademark of this case 1/2 shares. The above appellate court (Seoul High Court 2004Na35115) accepted the non-party company's assertion on April 20, 205 and sentenced the non-party company to "G is implementing the procedure for the registration of transfer of the trademark of this case completed by H on October 27, 201." The above judgment was dismissed as a final appeal by G on December 7, 2006.

(C) The trademark right of this case 1/2.

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