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(영문) 서울고등법원 2015.05.14 2014나2026185
지분의 말소등록 말소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the modification of part of the judgment of the court of first instance as to this case, and therefore, it is also accepted by the main text of Article 420 of the Civil Procedure Act.

In Part 7, Paragraph 3, “The patent right of this case is an important asset that requires a resolution of the board of directors.” Then, the patent right of this case cannot be deemed as an important asset of the Plaintiff Company solely on the ground that the Plaintiff Company acquired the patent right of this case under the condition that the Plaintiff Company bears development costs, as claimed by the Defendant Company, and as seen earlier, the Plaintiff Company did not intend to take charge of F’s sale only, but rather intended to supplement, modify, and maintain its design, development, sale, and function in accordance with Article 5(a) of the Agreement. Therefore, the patent right of this case cannot be deemed an essential asset for the Plaintiff Company’s business.

In Part 3, following the 18th page, “The ownership of the filed/registered intellectual property right after the incorporation of the Plaintiff Company shall be determined through consultation at the time of application/registration.”

In light of the fact that the agreement in this case was lawfully terminated from the last 7th to the second 8th 8th , the part regarding the “the foregoing argument is without merit,” as seen earlier, the application for the establishment of the Plaintiff and the ownership of registered intellectual property rights after the establishment of the Plaintiff under Article 7(d) of the agreement in this case, and the agreement in this case was reached between the Plaintiff Company, the Defendant Company, and the E, and D, and the patent right in this case was filed after the agreement in this case and registered C, the agreement in this case naturally belongs to the Defendant Company or the obligation to return the patent share in the Plaintiff Company to the Plaintiff Company.

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