logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.11.28 2019가합526427
상표권이전등록말소 청구의 소
Text

1. The Defendant completed the Plaintiff on March 25, 2019 with respect to the trademark right indicated in the attached trademark right indication, as C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s seizure order against the Plaintiff’s trademark right D (hereinafter “D”)

(1) On May 30, 2018, the Plaintiff, the debtor, (hereinafter “Plaintiff”) is only the Plaintiff (hereinafter “Plaintiff”).

2) On the other hand, the trademark right indicated in the separate sheet No. 10832 (hereinafter referred to as “instant trademark right”) in Seoul Central District Court Decision 2018TTTT10832

A) A request for an order of seizure was made on June 8, 2018, and the above court rendered a ruling citing the above order of seizure (hereinafter “instant order of seizure”).

(2) The above court served the plaintiff with the original copy of the instant order of seizure, but it was impossible to serve the original copy on the plaintiff for the reason that the recipient was unknown, for the same year.

9.4. The service was made by means of public notice.

B. On October 4, 2018, D applied for a special cash order against the Plaintiff to sell the trademark right of this case attached under the seizure order of this case under the above court No. 2019 other bond 116186.2) The above court served a written questioning by the execution officer at night on the Plaintiff’s domicile in order to examine the Plaintiff pursuant to Article 241(2) of the Civil Execution Act. However, as the written questioning was impossible to serve on November 13, 2018 due to the addressee’s unknown whereabouts, it served by means of service by public notice on the 21st of the same month.

3) On December 24, 2018, the above court rendered a decision ordering sale of the trademark of this case, which was seized under the seizure order of this case, in lieu of the collection of the trademark right of this case (hereinafter “instant order of special cash”).

(C) On February 27, 2019, the Defendant purchased the trademark right of this case at KRW 310,000,000 and paid the price in full at KRW 310,000 on the date of sale, which was conducted in accordance with the instant order for special cashization.

2 The court shall grant the trademark right of this case to the Korean Intellectual Property Office on March 25, 2019.

arrow