자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
When an administrative disposition is revoked, such disposition shall lose its effect due to the revocation, and no longer exists, and a revocation lawsuit against non-existent administrative disposition shall be unlawful as there is no benefit of lawsuit.
(See Supreme Court Decision 2004Du5317 Decided September 28, 2006, etc.). The fact that the Defendant revoked the revocation disposition of the revocation of the license as stated in the purport of the Plaintiff’s claim seeking revocation on July 22, 2015, which was pending in the lawsuit, can be recognized in full view of the entries in B 13 (including additional numbers) and the overall purport of pleadings. As such, the lawsuit of this case is subject to any administrative disposition no longer exists, and it is unlawful as there is no benefit of lawsuit.
Therefore, the lawsuit of this case shall be dismissed, and the costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act as per Disposition.