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(영문) 서울행정법원 2015.02.06 2014구합57386
시공능력재평가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B Co., Ltd. (hereinafter referred to as “B”) obtained a transfer of business on June 3, 201 from the Seoul Central District Court (2009 Gohap184), respectively, a license for the sale of electrical construction and fire fighting construction licenses, and a license for the transfer of business on June 17, 201.

The transferor: A: A shall transfer the electrical construction business and fire fighting business to B pursuant to Article 7 of the Electrical Construction Business Act and Article 19 of the Enforcement Rule thereof, and Article 7 of the Fire Services and Construction Business Act, and B shall comprehensively succeed to all rights and obligations arising from the construction business of A as a constructor by succeeding the status of A as a constructor.

Article 2 (Transfer and Takeover of Rights and Obligations) (1) succeeds to all rights (construction capacity and operation period of construction business and construction business) and obligations (liability for completion and repair of defects) of A as a constructor of A succeeds to the status of A, A shall take over 300 investment shares of the Electric Contractors' Financial Cooperative, Fire-Fighting Industry Mutual Aid Association and 60 investment shares of the Korea Fire-Fighting Industry Mutual Aid Association, and shall succeed to all obligations borne by A, such as this case’s investment shares, as security.

Provided, That Eul shall succeed only to the above obligations related to the electrical construction business from Gap, and shall not succeed to all other obligations and public interest obligations under the rehabilitation plan.

(2) The subject matter of this contract shall be as follows:

1. A certificate of electrical construction business and fire fighting business;

2. Registration pocket book for electrical construction business and fire fighting business;

3. Results and running period of electrical construction business and fire fighting business;

4. Electrical Construction Mutual Aid Association, investment certificates (300 shares) and the Fire-Fighting Industry Mutual Aid Association (60 shares).

5.A’s liability for the completion and repair of defects of a construction work executed or executed by the Electrical Construction Business and Fire Fighting Business Operators, and for the security of investment certificates and investment certificates of the Electrical Construction Mutual Aid Association and the Fire Fighting Industry Mutual Aid Association as security, Article 4.

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