등록취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a constructor who registered a construction business on June 21, 2007 with the category of business as a construction business.
B. On May 28, 2014, the Defendant: (a) leased a construction business license to the Plaintiff on December 16, 2011, and ordered the Plaintiff to perform Diplomatic Works in C (hereinafter “instant First Works”); (b) on June 20, 2012, the Plaintiff leased a construction business license to the Escop Association to have the Escoped New Works (hereinafter “instant Second Works”); and (c) notified the Plaintiff of the cancellation of the Plaintiff’s construction business registration (hereinafter “instant disposition”) as of June 15, 2014 pursuant to Article 83 subparag. 5 of the Framework Act on the Construction Industry on the ground that the Plaintiff violated Article 21(1) of the Framework Act on the Construction Industry.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) B led the construction work of this case. However, it is true that the plaintiff dispatched staff to the construction site to the construction site and actually participated in the construction work, and the plaintiff bears the external responsibility for the construction work, so the plaintiff cannot be deemed to have lent a construction business license to B. In the case of the second construction work of this case, the plaintiff merely obtained the plaintiff's help while constructing a new church building under the direct management of the Egyptian association, and the above church does not run the construction business using the plaintiff's trade name, and since the F, the representative director of the plaintiff, was in charge of the management and supervision of the above construction as the collection agent of the E church, the plaintiff'
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. The phrase “act of allowing another person to receive a contract or execute construction works using his/her name or trade name” prohibited by Article 21 of the Framework Act on the Construction Industry means the act of having another person do as a qualified constructor using his/her trade name or name.