1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is sharing the patent right of this case with the building company (hereinafter referred to as "building company").

The Seoul Rehabilitation Court 2016Hahap100250 was proceeding with respect to the history of the company.

B. On May 15, 2017, the Plaintiff entered into a patent transfer contract (hereinafter “instant sales contract”) with the trustee in bankruptcy with respect to patent rights (patent number C, D, and E) owned by the building company, including the patent share of this case.

As to the conclusion of the instant sales contract, the Plaintiff, who obtained permission from the Seoul Rehabilitation Court, paid the sales price, and received the documents in the name of the company necessary for the registration of transfer of the instant patent-ownership shares from B on June 1, 2017.

C. Since then, the Plaintiff requested the Defendant, a co-owner of the patent right of this case, to consent to the transfer registration of ownership in the patent of this case on the ground that he acquired the ownership in the patent of this case.

However, the defendant rejected the plaintiff's request for consent on July 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. The Plaintiff asserted that the patent right owned by the building company was purchased in a lump sum at the public auction of bankruptcy proceedings against the building company.

The Plaintiff’s acquisition of shares in the instant patent constitutes a real right change and universal succession under the provisions of the Act, and the Plaintiff acquired a co-ownership share in the instant patent right at the time of paying the sales price pursuant to Article 135 of the Civil Execution Act (a buyer acquires the right to be sold at the time of payment of the sales price) which is applicable mutatis mutandis under Article 33 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”).

The Plaintiff, as a co-owner of the patent right of this case, seeks a division of the patent right of this case to resolve the joint ownership relationship.

3. The adjudication trustee shall liquidate the real estate, etc. that belongs to the bankrupt estate.