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(영문) 대구지방법원 2014.10.15 2013구합1470
건설업등록말소처분취소
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;

가. 원고는 2001. 12. 20. 토공사업, 토목공사업 등을 사업목적으로 설립되어 2007. 10. 8. 토목건축공사업등록(등록번호: B)을 마쳤고, 2010. 1. 11. 건설업등록기준(자본금) 미달을 이유로 영업정지 3개월(2010. 1. 13.~2010. 4. 12.) 처분을 받았다.

In the case of operating a business subject to diagnosis and a business concurrently operating separate accounting of the business subject to diagnosis and the business concurrently operating separate accounting of the business subject to diagnosis and the business jointly operating assets according to their actual reversion, but it is unclear that the classification is made, the ratio of concurrent operating assets shall be divided in proportion to the income ratio of each business in the fiscal year to which the base date for diagnosis belongs (Article 28 of the Guidelines for Corporate Diagnosis) to the calculation of the ratio of combined operating assets (construction land-forest, 397,480,000): Inventory the calculation of the ratio of actual capital (Article 28 of the Guidelines for Corporate Examination). Tangible assets not related to the business subject to diagnosis such as leased assets or closed assets shall be deemed concurrent operating assets, and if part of land or buildings are leased assets, it shall be deemed that the amount calculated by the ratio of the total area of the leased assets per annum is determined as concurrent operating assets (Article 23 of the Guidelines for Corporate Examination); there is no possibility of transactions; it is more than 150,000,0000 won rental real assets or the market price of unlisted stocks is over the market price (1).

B. On January 3, 2012, the Korea Construction Association conducted a fact-finding survey on the registration standards of construction business in 201 (based on December 31, 2010), and notified the Defendant of the list of disqualified companies that fall short of the registration standards, including the Plaintiff. In the case of the Plaintiff, the total capital on the financial statements in 2010 is stated as KRW 1,353,505,959, but it excludes the following non-performing assets:

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