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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
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 suspension of business for three months from June 1, 2010 to August 31, 2010 pursuant to Article 83 subparag. 3 of the Framework Act on the Construction Industry on the ground that the Plaintiff’s capital for 2007 fiscal year fell short of the capital registration standards set forth in the Framework Act on the Construction Industry.
C. On June 21, 2010 during the period of the said suspension, the Plaintiff entered into a contract with the head of the Hoho Elementary School (from June 29, 2010 to July 15, 2010; 12,751,940 won in the construction cost; hereinafter “instant construction”); and (d) on June 29, 2010, the Plaintiff started construction work.
On September 6, 2012, the Defendant issued a disposition to cancel the Plaintiff’s 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”) on the ground that the Plaintiff had contracted and operated the instant construction during the period of suspension of business.
(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, 16-1, 2, and 17’s Evidence No. 16-2, and the purport of the whole pleadings
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 thus, 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. 23282, Nov. 1, 201;
) As it constitutes a minor construction work that can be conducted without registration of construction business (hereinafter “minor construction work”), Article 8(1)1, the Plaintiff violated the disposition of suspension of business by engaging in the instant construction work during the period of suspension of business.
(2).