건설업등록말소처분취소
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 company that completed the registration of construction business (registration number: 13-0340) as stipulated by the Framework Act on the Construction Industry on October 7, 2008.
B. On October 27, 2010, the Plaintiff received a disposition of suspension of business from the Defendant from November 10 to February 9, 2011 (hereinafter “previous disposition”) on the grounds that the Plaintiff failed to meet the standards for registration of construction business due to a shortage of capital (500 million won).
C. From October 8, 2012 to February 28, 2013, the Defendant conducted a fact-finding survey on the registration standards of construction business with respect to the Plaintiff and other construction companies, and confirmed the following matters. On May 26, 2014, the Defendant issued a disposition to cancel the registration of construction business (hereinafter “instant disposition”).
The criteria for registration are KRW 50,000,000. The Plaintiff’s capital stock is the total amount of KRW 553,640,60,60 on the financial statements of the business year 201, and the Plaintiff’s total amount of KRW 276,124,866 (i.e., the total amount of money to be recovered, KRW 5,808,90, KRW 1,632,240, KRW 196, KRW 196,683, and KRW 60,000, KRW 12,000, KRW 60,000, KRW 201, which is the settlement date of the business year 2011. The Plaintiff’s capital stock is limited to KRW 277,515,738, which is the same cause, within three years from the previous disposition.
In particular, among the temporary materials 336,283,127 won, 136,363,636 won, and 60,320,000 won, which were acquired in 208 on the ledger of the account by the account, need to be comprehensively reviewed because there are insufficient details of purchase transactions and data on payment, which are acquired in 2010, and the lease deposit is non-performing assets.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 9 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) With respect to the temporary materials, the instant temporary materials are built of concrete products, such as paintings, steel pipes, oil pumps, etc.