영업정지처분취소
1. The defendant's appeal is dismissed.
2. The defendant shall bear the costs of appeal.
Purport of claim and appeal
purport.
1. The grounds for the judgment of the court of first instance quoted in the judgment of the court of first instance pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, which shall include the following 2.
2. (i) Additional Parts (wholly amended by Act No. 14567, Feb. 8, 2017; and (ii) Article 73 of the Act on the Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) before being enforced on February 9, 2018 provides that, when a rearrangement project management contractor fails to meet the registration standards, the registration may be revoked or the order to suspend all or part of his/her business for a fixed period not exceeding one year may be issued; and (ii) Article 73 of the same Act provides that the foregoing criteria for revocation of registration and suspension of business shall be prescribed by Presidential Decree.
Article 66 [Attachment 5] of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (hereinafter “former Enforcement Decree”) was wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; and Article 66 [Attachment 5] of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (hereinafter “former Enforcement Decree”) was enforced from February 9, 2018. The first violation of “where the registration standards become insufficient for at least three months” stipulated “one
As above, Article 106 of the Urban Improvement Act, which was wholly amended on February 8, 2017 and enforced on February 9, 2018, provides that the registration of a management entity specialized in improvement projects may be revoked or an order to fully or partially suspend its business operations for a fixed period not exceeding one year, if the management entity specialized in improvement projects fails to meet the registration standards, and that the foregoing criteria for revocation of registration and suspension of business operations shall be prescribed by Presidential Decree.
As above, Article 84 [Attachment 5] of the Enforcement Decree of the Urban Improvement Act (hereinafter “Enforcement Decree after the amendment”), which was wholly amended on February 9, 2018 and enforced on February 9, 2018, provides that “where a person falls short of the registration standards,” the first violation of Article 84 [Attachment 5] is “where a person falls short of the registration standards,” one year of business suspension, and the second violation is revoked of registration.
According to the aforementioned provisions, Article 66 [Attachment Table 5] of the Enforcement Decree of the Amendment before February 8, 2018.