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(영문) 부산고등법원 2017.12.15 2017누23056

건설업 등록말소처분 취소소송

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant limited to the Plaintiff on January 13, 2016.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, except for the addition of '2. additional judgment' as to the defendant's new argument in the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the

2. The defendant, even if there are defects in the disposition of business suspension.

Even if this is only a ground for revocation, and any person asserts that the effect of the disposition in this case cannot be denied until it is legally revoked by administrative litigation or other administrative act, and that the objection period against the disposition in this case has already been over and the defect has not been succeeded to. Therefore, the validity of the disposition in this case cannot be asserted on the ground of the defect of the disposition in the disposition

Where two or more administrative dispositions are continually conducted, when one legal effect of the preceding dispositions is completed by combining two preceding dispositions and subsequent dispositions, the defects of the preceding dispositions are succeeded to the subsequent dispositions, so even if the effects of the preceding dispositions are not arbitable, the effects of the subsequent dispositions can be asserted on the grounds of the defects of the preceding dispositions.

(2) The disposition of this case was rendered on April 15, 2005 on the ground that the plaintiff failed to meet the registration standards for construction business as to the issuance of the confirmation amount of confirmation amount of confirmation amount, and that the defendant did not supplement the construction business registration standards concerning the issuance of confirmation amount of confirmation amount within the suspension period due to the suspension period due to the suspension of business. As such, the disposition of this case was issued on the premise that the suspension of business is legitimate and valid, the grounds for the disposition of this case are factually identical, and accordingly, if the construction business registration standards are not satisfied at the time of the suspension of business, the registration standards at the time of the disposition of this case are not satisfied.