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(영문) 대구지방법원 2014.11.21 2014구합20218

등록취소처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 7, 2001, the Plaintiff (previous Mutual Co., Ltd.) was established for the purpose of an engineering work business, building work business, etc., and completed the registration of construction business (registration number: 16-0491) on the 23th of the same month. On July 1, 2009, the Plaintiff (previous Mutual Co., Ltd.) was subject to a disposition of business suspension for the reason that it falls short of the standards for registration of construction business (capital) as of July 1, 2009.

B. The Minister of Land, Transport and Maritime Affairs requested the Defendant to conduct a fact-finding survey on the comprehensive construction industry (based on December 31, 201, hereinafter “base date”) in 2012. After conducting a fact-finding survey through the Korea Construction Association, the Defendant determined the Plaintiff as a suspected company suspected of failing to meet the registration standards (capital KRW 700 million). On May 14, 2013, the Defendant notified the Plaintiff of the prior disposition and requested the Plaintiff to submit explanatory materials by June 7, 2013.

Written Opinion on Review of Conformity of Actual Capital Stock (Evidence 3)

1. Capital amount on the settlement of accounts: 902 million won;

2. Amount of money inappropriate for real capital: 29.7 million won;

3. The amount of capital after deducting the amount of inappropriate money: Opinions on the grounds, etc. that the aggregate of the amount of actual equity capital in Article 23 (6) and Article 24 of the Building 295 million won and the amount of actual equity capital in KRW 29.6 million, which is the aggregate of the amount of actual equity capital in Article 29.6 million won after deducting the amount of inappropriate money: In cases of land, buildings where part of a building is closed or leased property, the amount calculated by the ratio of the area of lease to the total area of the area of the building shall be deemed as an intangible asset pursuant to Article 23(6) of the Guidelines for the Examination of Enterprises to see that the amount of money

C. On May 29, 2013, the Plaintiff filed a request for reexamination with the Defendant on December 31, 201, attaching explanatory materials, such as a statement of accounts, real estate sales contract, etc. The Defendant requested reexamination to the Plaintiff with the Korea Construction Association on June 24, 2013, and on July 8, 2013, the Korea Construction Association responded to the Defendant that it falls short of the capital registration standards for the following reasons.

The defendant shall attend the hearing on August 2, 2013 to the plaintiff.