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TITLE Supreme Court Decision 2016Da216199 Decided June 29, 2017 【Lawsuit Claiming for the Transfer of Domain Registration】* First draft [full Text]
Summary
[1] Meaning of “possess” and “use” under the provisions of Article 12 of the Internet Address Resources Act
Whether one may claim for the cancelation or transfer of registration based on the said Act when there were unlawful purposes in possessing and using a domain name, albeit not in registering the same (affirmative), and the base time for determining whether there were unlawful purposes in “possessing and using” a domain name
[2] Scope of an act for unlawful purposes as provided under the Internet Address Resources Act and the method of determining whether unlawful purposes are present
Whether unlawful purposes are negated for the sole reason that the purpose of “possessing and using” a domain name was not to gain economic profit by the sale and lease of the domain name (negative)
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