이행강제금 부과 처분 취소의 소
1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit are assessed against the defendant.
On December 11, 2017, the Defendant issued a disposition imposing enforcement fines of KRW 112,443,00 against the Plaintiffs (hereinafter “instant disposition”). The Plaintiffs dissatisfied with the instant disposition and filed the instant lawsuit on March 12, 2018, and filed an administrative appeal seeking revocation of the instant disposition with the Seoul Special Metropolitan City Administrative Appeals Commission on March 13, 2018. The Seoul Administrative Appeals Commission (Seoul Special Metropolitan City Administrative Appeals Commission) rendered a ruling revoking the instant disposition on July 23, 2018 while the instant lawsuit is pending, may be recognized by adding the entire purport of the pleadings to the written evidence No. 6 and No. 16.
If an administrative appeal seeking the revocation of an administrative disposition has been filed and the administrative agency's revocation of the disposition has been made in the administrative appeal procedure, the relevant disposition becomes retroactively null and void (see Supreme Court Decision 96Nu18632, May 30, 1997). Thus, as seen earlier, as long as the disposition in this case is revoked in the administrative appeal procedure, the plaintiffs have no legal interest in seeking the revocation of the disposition in this case.
Since all of the lawsuits of this case are unlawful, they are dismissed, and the costs of lawsuit are assessed against the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.