난민불인정결정취소
1. The part against Plaintiff B among the judgment of the first instance is revoked.
2. The plaintiff B's lawsuit shall be dismissed.
3. The plaintiff A's appeal.
Details of the disposition
The court's explanation on this part is the same as the statement in the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Ex officio determination on Plaintiff B’s lawsuit, and when an administrative disposition is revoked, the disposition becomes null and void, and no longer exists. A revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.
(see, e.g., Supreme Court Decision 2009Du16879, Apr. 29, 2010). The Defendant’s revocation of the instant disposition against the said Plaintiff on July 13, 2018, while the instant lawsuit is pending, is apparent in the record. As such, the Plaintiff’s lawsuit is seeking revocation of a disposition that has not already been extinguished and became unlawful as there was no benefit of lawsuit.
3. The reasons why the court should explain this part of the judgment on the plaintiff A's claim are as stated in Paragraph 3 of the reasoning of the judgment of the court of first instance, except for the case where the plaintiff's "the plaintiff" in Section 3 6 of the judgment of first instance as "the plaintiff A," and the third 3 13, 4 2, 4 2, 4 and 5 7 , "the above plaintiffs," and the second 7 , "the above plaintiffs," as "the plaintiff A," and therefore, they are cited in accordance with Paragraph 2 of Article 8 of the Administrative Litigation Act and the main sentence of Article 4
4. The plaintiff B's lawsuit shall be dismissed, and the decision of the court of first instance, which has different conclusions, against the above plaintiff, shall be revoked, and this part of the lawsuit shall be dismissed.
(total costs of litigation shall be borne by the defendant in accordance with Article 32 of the Administrative Litigation Act). On the other hand, the part against the plaintiff A among the judgment of the court of first instance is justifiable, and the above plaintiff's appeal is dismissed as