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.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant’s rescission of the instant contract by the Plaintiff’s assertion is unlawful and invalid for the following reasons. As such, the Plaintiff’s confirmation is sought.

① Article 14(4) of the Framework Act on the Construction Industry that, where a contractor’s registration of a construction business is cancelled, an ordering person may terminate the contract, is anticipated to be unable to complete the construction even if the contractor maintains the contract, or is likely to cause danger and injury to the public by making it difficult to continue the construction work because the contractor’s act of maintaining the contract is extremely heavy. Although the Plaintiff was subject to a disposition of cancellation of the construction business, he/she had the ability to complete the construction of this case even though he/she had

② Cancellation of registration of a construction business is in violation of the above established rules because it does not constitute grounds for termination as prescribed by the standards for tender and execution of local governments under subparagraph 23 of the established rules of the Ministry

③ It is abuse of rights due to malicious appraisal by Defendant-in-charge.

3. Determination

A. (1) Article 14(1) of the Framework Act on the Construction Industry provides that “A constructor subject to a disposition of cancellation of registration may continue to perform construction works for which he/she concluded or commenced a contract before he/she is subject to such disposition.” However, Article 14(2) and (4) of the same Act provides that “a constructor subject to a disposition of cancellation of registration may immediately notify the details of the disposition to the ordering person of the construction works, and the ordering person of the construction works may terminate the contract by the date on which he/she receives the said notification or she becomes aware of the fact, except in extenuating circumstances.”

In other words, ① the cancellation of the contractor's registration.