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(영문) 서울행정법원 2014.08.28 2013구합30131

건설공사실적및시공능력평가액수정통보처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

The plaintiff registered a landscape facility construction business license on August 31, 1992, registered a landscape facility construction business license on December 29, 1994, and registered a landscape planting business license on February 21, 2008.

At the request of a constructor with authority delegated by the Minister of Land, Infrastructure and Transport pursuant to Articles 23(1) and 91(3)4 of the Framework Act on the Construction Industry and Article 87(1)2 of the Enforcement Decree of the same Act, the defendant evaluated and publicly announced the execution capacity according to the constructor's performance records, capital, safety, environment, and quality control level of construction works.

On February 9, 2010, the Plaintiff entered into a contract with the contractor for landscaping planting works and landscaping facilities construction works among Section C 1 and Section 2 apartment construction works for which the said company is performing construction as the contractor.

(C) On November 8, 2010, the Plaintiff entered into a contract with B on November 8, 2010 to change the construction amount into the first specialized construction project, and requested B to change each of the above contracts entered into into into with B as the first specialized construction project, as the reason for increasing the construction amount arises while performing the instant construction project.

Accordingly, on November 8, 2010, the Plaintiff and B entered into a standard subcontract agreement for construction works with the purport of increasing the construction amount as of November 8, 2010, and at the same time changed the existing contract that was entered into a contract for specialized construction works to general construction works, and re-established the previous standard subcontract agreement for construction works.

Accordingly, the name of the subcontracted construction shall be from the "Landscapinging construction" or "Landscaping facility construction" to the "Landscaping construction", and the "contract amount" to the contract amount shall be the same as the planting construction and the facility construction in the contract amount column.