건설업등록말소처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Details of the disposition;
A. On September 5, 2007, the Plaintiff registered “construction business” in the category of business performing general construction works under the Framework Act on the Construction Industry, which was enforced against the Defendant at the time.
B. On May 17, 2010, the Defendant issued a disposition of business suspension for three months from June 1, 2010 to August 31, 2010, on the ground that the Plaintiff’s capital for 2007 fiscal year falls short of the criteria for the registration of capital under the Framework Act on the Construction Industry.
(The written disposition shall contain the construction business and its registration number as the category of disposal business).
On June 21, 2010 during the period of the said suspension, the Plaintiff entered into a contract for remodeling of a kindergarten at the name elementary school and a “registered elementary school” (from June 29, 2010 to July 15, 2010, construction cost of KRW 12,751,940; hereinafter “instant construction”) (Evidence 2), and started the said construction around June 29, 2010.
On September 6, 2012, the Defendant issued a disposition to cancel the registration of construction business pursuant to Article 83 subparag. 8 of the former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 2011; hereinafter “former Framework Act on the Construction Industry”) to the Plaintiff on the ground that the Plaintiff carried out the instant construction project after being awarded a contract during the period of suspension of business.
(A) Evidence Nos. 1, 2, 16-1, 2, and 17 of Evidence Nos. 16-1, 2, and 17 of the whole pleadings, without dispute (based on recognition)
2. The parties' assertion
A. The Plaintiff’s assertion 1) The instant construction project is merely 12,751,940 won and is merely 12,751,940 won, and the proviso to Article 9(1) of the former Framework Act on the Construction Industry and the former Enforcement Decree of the Framework Act on the Construction Industry (amended by Presidential Decree No. 2415, Oct. 29, 2012; hereinafter
) Insignificant construction works that may be performed without registration of construction business pursuant to Article 8(1)1 (hereinafter “minor construction works”).
As such, the Plaintiff’s suspension of business falls under the category.