등록말소처분취소
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 running a construction business by registering the construction business (registration number B).
B. On February 13, 2009, the Plaintiff was subject to a disposition of business suspension for three months from February 2009 to May 19, 2009, pursuant to Article 83 subparagraph 2 of the former Framework Act on the Construction Industry (amended by Act No. 9875 of Dec. 29, 2009) on the grounds that the Plaintiff failed to meet the standards for registration of construction business (a technician, capital) in 2007.
C. On September 1, 201, the Plaintiff submitted a report on the registered matters of construction business to the Jeonnam-do Association of the Korea Construction Association (hereinafter “Construction Association”).
On September 27, 2011, the Construction Association notified the Defendant of the results of the Plaintiff’s review on the Plaintiff’s registration standards for construction business (based on December 31, 2010, the closing date of the financial statements in 2010) that “the Plaintiff’s capital stock falls short of 500 million won” on the ground of the review opinion (hereinafter “instant review opinion”) as follows.
1) Details of calculation of the outstanding amount of construction accounts in 234,00,000 won on the statement of financial statements in 2010; details of calculation of the outstanding amount of construction accounts; requests for tax invoices; and details of transactions of the deposited amount of construction accounts already collected; 2); specifications of inventory assets, purchase tax invoices, specifications of transactions and financial transfer related to 172,089,424 won; and 3) details of actual disbursement transactions of deposit for lease amount of 223,000,000 won (no copy of passbook; specifications of real estate lease price and other evidential documents of rental business operators are available;
E. On October 1, 2015, the Defendant rendered a disposition of cancellation of registration (hereinafter “instant disposition”) based on Article 83 Subparag. 3-3 of the Framework Act on the Construction Industry on the ground that the Plaintiff falls short of the standards for registration of construction business (capital stock).
F. Meanwhile, during the instant lawsuit pending, the Defendant’s instant disposition was governed by Act No. 10719, May 24, 201, under Article 83 subparag. 3-3 of the Framework Act on the Construction Industry, and Article 83 of the former Framework Act on the Construction Industry.