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(영문) 부산고등법원 2016.03.24 2015나52312
사해행위취소
Text

1. The plaintiff's appeal against the defendants and the conjunctive claim added in the trial are all dismissed.

2. Appeal;

Reasons

1. The following facts are acknowledged according to the respective descriptions of Gap evidence Nos. 1 to 4, Eul evidence Nos. 3 and 4 (including each number), and the purport of the whole pleadings.

A. From May 1, 2001 to October 8, 2001 of the same year, the Plaintiff manufactured a new attachment of the trademark “K” attached by D Co., Ltd. (hereinafter “D”) to deliver it to the above company, and did not receive KRW 867,897,060 out of the price.

B. The trademark rights indicated in the separate sheet (hereinafter “instant trademark rights”) were originally owned D, and they were registered under the name of co-defendant A of the first instance trial on October 27, 2001 (hereinafter “A”) and G joint ownership.

C. However, D initially decided to transfer the trademark right of this case to A, and delegated the registration procedure for transfer to G without permission, and I added G personal information in the transferee column of the transfer contract to G without permission, and filed a lawsuit seeking the implementation of the procedure for the registration of cancellation of the trademark right of this case to G with Seoul Central District Court Decision 2002Gahap44347, as described in the above sub-paragraph (b), by asserting that the transfer registration was made in the transferee column of the transfer contract, as described in the above sub-paragraph (b). The above claim was accepted and finalized by the Seoul High Court Decision 2004Na35115, Apr. 20, 2005.

On May 24, 2010, the part concerning G was deleted in the registration of transfer as described in the above sub-paragraph.

E. Since then, on May 25, 2010, the transfer registration was completed under Defendant B’s name on the grounds of the transfer contract between Defendant B and Defendant B as stated in the purport of the claim regarding the entire trademark right of this case, and on November 9, 2010, the transfer registration was completed under Defendant C’s name on the grounds of the transfer contract between Defendant B and Defendant C.

2. The assertion and judgment

A. (i) The Plaintiff primarily entered into a transfer contract on the instant trademark right 1/2 shares, which had been initially entered into the name of G between D and A on May 25, 2010 after the cancellation of the registration of transfer of the name of G, and that contract constitutes a fraudulent act.

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