beta
(영문) 대전지방법원 2016.04.20 2015구합100821

등록말소처분취소

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. The Plaintiff is a juristic person with the purpose of an engineering work business, building work business, etc.

B. On January 11, 2012, the Defendant issued a disposition of business suspension (hereinafter “previous disposition of business suspension”) from January 27, 2012 to June 26, 2012 pursuant to Article 83 Subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 11466, Jun. 1, 2012) on the ground that “the confirmation of the possible amount of confirmation of the confirmation of the possible amount of confirmation has been invalidated and failed to meet the standards for construction business registration” against the Plaintiff.

C. On January 25, 2013, the Plaintiff submitted to the Construction Mutual Aid Association a guarantee amount of KRW 1.2 billion, the term of validity from January 25, 2013 to January 24, 2014 (hereinafter “the instant guarantee amount”). D.

On February 5, 2015, the Defendant rendered a disposition to cancel the Plaintiff’s registration of construction business (hereinafter “instant disposition”) pursuant to Article 83 subparag. 3 of the Framework Act on the Construction Industry on the ground that “the confirmation of possible amount of confirmation of possible guarantee has been invalidated and failed to meet the standards for construction business registration.”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 6 (including each number, if any; hereinafter the same shall apply), Eul evidence 1 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff runs a construction business for a long time and engaged in 17 construction works worth approximately KRW 30.32 billion at the time of the instant disposition. As such, if the registration of the construction business is cancelled, the said construction is suspended and substantial damage to the Plaintiff and the persons related to the construction work occurs. This is much larger than that of the public interest to be achieved by the instant disposition. Thus, the instant disposition is deemed to have been abused and abused.

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

(c)Article 10 of the Framework Act on the Construction Industry provides for the registration of construction businesses, such as technical capacity, capital, facilities and equipment.