벌점부과처분무효확인
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. In accordance with the Act on Public-Private Partnerships in Infrastructure, the Minister of National Defense, as a competent authority, has carried out the construction project of “the instant construction project” in which military personnel working in thischeon-gun and their family members live, etc. (hereinafter “instant construction project”). On August 12, 2010, the Minister of National Defense, who is the Minister of National Defense, established and publicly announced the instruction for private investment in the instant construction project.
Accordingly, on June 22, 2011, the above corporation was designated as the concessionaire of the instant construction project by entering into a concession agreement with the Echeon Uniform Deposit Co., Ltd.
B. On April 27, 2012, the said stock company entered into a construction contract with four companies, including the Plaintiff, who is the constructor, to construct the instant construction project on the fourth floor scale from May 11, 2012 to December 18, 2013 (101-109 Dong Dong Dong Dong Dong 200; hereinafter “instant official residence”). Around December 2013, the instant official residence was completed.
C. On May 6, 2015, the Defendant issued a disposition that imposes penalty points of seven points on the Plaintiff pursuant to Article 53 of the Construction Technology Promotion Act, Article 87 of the Enforcement Decree thereof, and Article 47 of the Enforcement Rule thereof, on the ground that “In the course of performing the instant construction works, the Plaintiff neglected the preparation of the detailed construction drawings and neglected the formation of concrete solar products, and the Plaintiff breached its duty of good faith, such as the generation of heat on the concrete of the instant government building, and the occurrence of water leakage due to flood failure” (hereinafter referred to as “advance disposition”).
The detailed details of the seven points of penalty points shall be as specified in attached Table 1.
On July 1, 2015, the Plaintiff filed a lawsuit seeking the revocation of the preceding disposition by this Court 2015Guhap67359, and the Defendant filed a lawsuit with the Plaintiff during the Do in which the said lawsuit was pending, pursuant to the statutes governing the instant disposition, “Article 21-4(4) and (4) of the Construction Technology Management Act