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(영문) 대구지방법원 2014.12.17 2014구합22115

건설업등록말소처분취소청구의소

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 February 9, 2006, the Plaintiff (mutual name is changed to B, C, and A) was established for the purpose of an engineering work business, building work business, etc., and completed the construction work registration (registration number D) on February 7, 2007. On August 9, 2010, the Plaintiff (mutual name is changed to B, C, and A) was subject to a disposition of suspension of business for reasons of falling short of the standards for registration of a construction business (capital) from the Defendant on August 9, 2010 (from August 16, 2010 to November 15, 2010).

B. When conducting a fact-finding survey on construction business (the base date of this case: December 31, 2012), the Defendant requested the Korea Construction Association to examine the standards for registration of construction business. On August 1, 2013, the Korea Construction Association notified the Defendant that the Plaintiff constitutes an inappropriate enterprise for registration of construction business due to improper capital (500 million won) and improper technical personnel; the Defendant notified the Plaintiff of the fact that the Plaintiff failed to meet the standards for registration of construction business on August 5, 2013, and the same month.

9. The Plaintiff notified the Plaintiff of the scheduled date to hold a hearing on September 10, 2013. (c) On September 9, 2013, the Plaintiff submitted to the Defendant a report on the diagnosis of financial management status (actual capital 575,188,387 won, and evidence No. 6) which was subject to the qualified diagnosis of capital. On October 1, 2013, the Defendant requested the Korea Construction Association to review the report pursuant to Article 11 of the Construction Business Management Rules (Rules of the Ministry of Land, Infrastructure and Transport) attached to attached Form 2 of the Guidelines for Corporate Diagnosis of Construction Enterprises (hereinafter “Rules of the Ministry of Land, Infrastructure and Transport”). D. On April 3, 2014, the Korea Construction Association requested the Defendant to supervise the diagnosis report of financial management status to be examined by the Korean Institute of Certified Public Accountants to determine the appropriateness of the diagnosis by failing to provide evidence for the recovery of claims, and the Defendant did not comply with the scheduled disposal of the report by authority or ex officio.