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(영문) 부산고등법원 2015.12.18 2014누21295
건설업등록말소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 22, 2000, the Plaintiff has been running a construction business after having registered the construction business as a type of business under the Framework Act on the Construction Industry.

B. (1) On February 7, 2012, the Defendant issued a hearing procedure for the disposition of suspension of business (hereinafter “the first hearing procedure”) on the ground that the Plaintiff failed to meet the standards for registration of construction business under Article 10 of the former Framework Act on the Construction Industry (Amended by Act No. 11576, Dec. 18, 2012; hereinafter the same) and issued a disposition of suspension of business for four months from March 15, 2012 to July 14, 2012 (hereinafter “the first disposition of suspension of business”). The Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on March 9, 2012, but the Plaintiff’s request was dismissed on June 5, 2012.

(2) According to the above decision of dismissal, on June 29, 2012, the Defendant corrected the period of the first disposition of suspension of business from December 1, 2012 to March 26, 2013, and notified the Plaintiff thereof.

C. The Korea Construction Association conducted a fact-finding survey on the construction business registration standards for the Plaintiff in 2011 by the second business suspension disposition (1). As of December 31, 201, the Plaintiff submitted a statement of financial position, etc. stating that the Plaintiff’s assets are KRW 1,909,430,987 as of December 31, 201, and liabilities are KRW 655,790,986, and its capital is KRW 1,253,640,001.

(2) As a result of the diagnosis of financial management status based on the statement of financial position, etc. submitted by the Plaintiff, the Korea Construction Association assessed the assets worth KRW 1,524,406,846 of the assets indicated on the Plaintiff’s statement of financial position in 2010 as non-performing assets (hereinafter “non-performing assets of this case”).

Detailed details and grounds classified as non-performing assets among the plaintiff's assets by the Korea Construction Association shall be as shown in the list of non-performing assets in attached Table 1.

(3) On the basis of the results of the above fact-finding survey, the Korea Construction Association on January 2012.

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