자동차운전면허취소처분취소
The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
All costs of the lawsuit are assessed against the defendant.
Judgment ex officio is made.
If an administrative disposition is revoked, such disposition shall lose its validity, 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 2004Du5317 Decided September 28, 2006, etc.). According to the records, the Defendant’s revocation of the instant disposition ex officio on June 24, 2015, which is pending in the court of final appeal, can be known as the Defendant’s revocation of the instant disposition. As such, the instant lawsuit seeking revocation of the disposition, which does not exist, became unlawful as it
Therefore, the judgment of the court below is reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and thus, the judgment of the court of first instance is revoked, and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per