여객자동차운송사업면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
1. If an administrative disposition is revoked as to the legitimacy of a lawsuit, such disposition is null and void, and no longer exists, and a lawsuit seeking revocation 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). According to the evidence No. 8, the Defendant’s revocation ex officio of the instant disposition on April 2016, 1, and 20 is recognized.
According to this, the plaintiffs' claim seeking revocation of the disposition of this case is unlawful as there is no benefit of lawsuit, because they seek revocation of the disposition of this case.
2. In conclusion, the instant lawsuit is dismissed as unlawful, 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.