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 a corporation established for the purpose of the new building renovation project (which is changed from B to A corporation on May 30, 2012).

B. On June 14, 2013, the Defendant issued a disposition to cancel the Plaintiff’s registration of construction business as of June 21, 2013 pursuant to Article 83 subparag. 5 of the Framework Act on the Construction Industry (hereinafter “instant disposition”) on the ground that the Plaintiff, a constructor, lent a construction business license to D related to the Seoul Special Metropolitan City Urban Reconstruction Corporation (hereinafter “instant construction”) from around April 26, 2012, on the ground that Article 21 of the Framework Act on the Construction Industry was violated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the construction project of this case was contracted out from the owner of the construction of this case, and the construction project of this case was carried out jointly in the form of the business after receiving funds from D due to insufficient construction funds. As long as the plaintiff actually participated in the construction project, it cannot be deemed that the construction business license was leased to D

Nevertheless, the Defendant’s disposition of this case that concluded that the Plaintiff had performed a construction business license lending on the basis of the formal phrase, etc. guaranteed by D, among a part of a subcontract agreement concluded between the Plaintiff and the subcontractor, is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 21 of the Framework Act on the Construction Industry prohibits “an act of allowing another person to receive or execute construction works using his/her name or trade name” means an act of allowing another person to use his/her trade name or name with the knowledge that another person is to receive or execute construction works with the qualification under his/her trade name or name, and thus, it is reasonable to interpret that another person has consented or understood to use his/her trade name or name for that purpose.