1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a corporation established for the purpose of mechanical facility construction business (which is changed from B to A on July 18, 2013).

B. On October 28, 2015, the Defendant: (a) lent the Plaintiff’s name of construction business to Nonparty C and D around February 2013; and (b) issued a disposition to cancel the Plaintiff’s registration of construction business as of November 20, 2015 pursuant to Article 83 subparag. 5 of the Framework Act on the Construction Industry on the ground that the said C and D violated Article 21 of the Framework Act on the Construction Industry by allowing the Plaintiff to use the Plaintiff’s trade name and supply and execute construction works among the construction works of building in Daegu-gun E from the TM Construction Co., Ltd. (hereinafter “instant construction works”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The construction subcontract agreement entered into between the Plaintiff and TM Construction Co., Ltd. (hereinafter “instant contract”).

(2) Article 21 of the Framework Act on the Construction Industry is not a contract, since the Plaintiff could not be deemed to have lent a construction business license to C and D. 2) Even if the Plaintiff committed an illegal act of lending a construction business license, the disposition of this case is so unreasonable that the disadvantage that the Plaintiff would suffer due to the disposition of this case is too unreasonable and illegal.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. “The act of allowing another person to receive or execute a contract using his/her name or trade name” prohibited by Article 21 of the Framework Act on the Construction Industry is a contractor qualified by another person using his/her trade name or name.