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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Details of the disposition;
A. On June 7, 2001, the Plaintiff was a corporation that had established an engineering work business, building work business, etc. with the trade name “stock company construction” and registered a construction business (registration number: No. 16-0491) on the 23th of the same month, and was changed to the current name on January 27, 201.
B. On July 1, 2009, the Plaintiff was subject to a disposition of business suspension for the reason that it falls short of the standards for registration of a construction business (capital) as of July 1, 2007 (from July 7, 2009 to October 6, 2009).
C. The Minister of Land, Transport and Maritime Affairs requested the Defendant to conduct a fact-finding survey on the comprehensive construction business in 2012 (the base date of December 31, 201, hereinafter “the instant base date”).
After conducting a fact-finding survey through the Korea Construction Association, the Defendant determined the Plaintiff as a suspected company suspected of failing to meet the registration criteria (capital KRW 700 million), and requested the Plaintiff to submit explanatory materials by June 7, 2013 at the same time as the Defendant notified the Plaintiff of the prior disposition.
Written Opinion on Review of Conformity of Actual Capital Stock (Evidence 3)
1. Capital amount on the settlement of accounts: 902 million won;
2. Amount of money inappropriate for real capital: 29.6 million won;
3. The amount of capital after deducting the amount of inappropriate money: Opinions on the grounds, etc. that the aggregate of the amounts of 60.6 million won examined under Article 23 (6) and the amount of 29.6 million won in actual capital in Article 24 of the Building Act, which is 29.6 million won in total, and the amount of 1 million won in actual capital in order to be inappropriate: The amount calculated by the ratio of the area of lease to the total area of the land and the building if part of the land and the building is closed or leased pursuant to Article 23 (6) of the Guidelines for the Examination of Enterprises shall be deemed as an intangible asset for concurrent business pursuant to Article 24 of the Guidelines
D. On May 29, 2013, the Plaintiff requested reexamination to the Defendant on December 31, 201, attaching explanatory materials, such as a statement of accounts, real estate sales contract, etc. Accordingly, the Defendant requested reexamination to the Korea Construction Association on June 24, 2013.
The Korea Construction Association on July 8, 2013 for the following reasons.