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(영문) 서울행정법원 2016.10.28 2016구합3178

정비사업전문관리업등록취소처분무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff was subject to a disposition of business suspension for six months (from October 4, 2012 to April 3, 2013) due to the failure to secure technical human resources on September 2012.

On May 7, 2013, the Defendant conducted a comprehensive inspection of the rearrangement project management body in 2013 to verify whether the standards for registration, including capital and technical human resources, were met, and notified the Plaintiff on May 7, 2013 to submit to the Plaintiff the certification of the amount of income of technical human resources, the fourth insured list containing the retired, the valid confirmation of the agreement of the law firm, etc., and the standard financial statements certificate by May 31, 2013, and urged the Plaintiff to submit the re-determined deadline by June 5, 2013, but the Plaintiff failed to submit it.

On October 7, 2013, the Defendant stated the Plaintiff’s notice of the venue and date and time of the hearing to the effect that the cause of the disposition was not submitted (in short of the registration standard) and stated the content of the disposition as “business suspension of the rearrangement project management business, etc.”.

On November 7, 2013, the Plaintiff did not attend the hearing procedure, and the Defendant issued a disposition to revoke the registration of the rearrangement project management business (hereinafter “instant disposition”) to the Plaintiff on November 7, 2013, and on November 14, 2013, corrected the grounds for disposition to fall short of the registration standard.

The details of the original administrative disposition disposition by the representative of the name of trade registration number and the reason for the correction of the reason for the disposition is applicable, and the registration cancellation of Plaintiff C does not meet the criteria for registration (existence of office office) under Article 73(1)6 of the Act / [applicable ground for recognition], the fact that there is no dispute, the entry of B

2. Article 23(1) of the Administrative Procedures Act provides that “When an administrative agency takes a disposition, it shall present the basis and reasons to the parties.”

Article 73 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as “Urban Improvement Act”) is applicable law that does not meet the standards for registration (non-existence of office) as a ground for disposition on November 7, 2013.