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(영문) 서울고등법원 2020.01.10 2019누44950

건축사자격취소처분취소

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment by the court on this part is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The gist of the parties’ assertion 1) is true that the Plaintiff was unable to properly carry out supervision duties, or that the Plaintiff did not actually carry out supervision duties after concluding a supervision contract with B entrusted by the owner of the building, and the Plaintiff did not lend a certified architect qualification certificate to B or C. Therefore, the instant disposition is not acknowledged. Therefore, the instant disposition is not recognized. 2) In light of the fact that the Defendant B was acting for the Plaintiff from the conclusion of the supervision contract to the preparation of the supervision report, E, the actual owner of the building, was aware that B was a resident supervision, and that the judgment was found guilty of violation of the Certified Architects Act, and that the said judgment became final and conclusive, B

In addition, considering the fact that the Plaintiff certified the supervision report prepared by B at the fourth 60,00, and no other evidence exists to deem that the Plaintiff performed the supervision duty, this constitutes lending the Plaintiff’s name to B.

Therefore, there are grounds for the instant disposition.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The intrinsic contents of the relevant provisions of the Certified Architects Act, the purpose of which is to promote the qualitative improvement of buildings by prescribing the qualifications of certified architect and matters concerning their services, and the purpose of which is to set strict requirements for the qualifications of certified architect in order to achieve this objective, and are the contents and licenses of the relevant provisions of the Certified Architects Act, the essential core contents of which are that a person who is not a certified architect is unable to engage in the design of