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(영문) 서울고등법원 2019.11.14 2019누45182

진료비 지급보류 정지처분 취소청구

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

Reasons

Judgment ex officio is made.

When an administrative disposition is revoked, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(See Supreme Court Decision 2009Du16879 Decided April 29, 2010, etc.). If the purport of the entire pleadings is added to the statement in the evidence No. 33, the Defendant may acknowledge the fact that the instant disposition was revoked ex officio on June 18, 2019, while the instant lawsuit is pending, and thus, the instant lawsuit sought revocation of a disposition that does not exist because it has already lost its validity, and became unlawful as there was no interest in the lawsuit.

Therefore, the judgment of the first instance court is revoked, and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by the defendant under Article 32 of the Administrative Litigation