난민불인정결정취소
1. The part of the judgment of the first instance against Plaintiff C and D shall be revoked.
2. Of the instant lawsuits, part of the claims filed by Plaintiffs C and D.
Details of the disposition
The court's explanation on this part is the same as the entry in the corresponding column of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The judgment of the plaintiff C and D's claim is examined ex officio, and if an administrative disposition is revoked, the disposition loses its validity, and no longer exists. The 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 each of the instant dispositions against the said Plaintiffs on June 1, 2018, while the instant lawsuit is pending, is apparent in the record. As such, among the instant lawsuit, seeking revocation of the said Plaintiffs’ claims, the part of the claim against the said Plaintiffs was extinguished and thus, became unlawful as there was no benefit in the lawsuit.
3. The reasons why the court should explain this part of the judgment on the plaintiff A and B's claims are as stated in Paragraph 2 of the reasoning of the judgment of the first instance, except where the plaintiff "B" at the last two pages of the judgment of the first instance is deemed "B" as "the plaintiff B". Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act
4. The part of the claim of plaintiffs C and D among the lawsuit of this case shall be dismissed. Among the judgment of the court of first instance which concluded otherwise, the part against the above plaintiffs is unfair, and thus the lawsuit of this part 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 and B among the judgment of the court of first instance is justifiable, and the appeal filed by the above plaintiffs are dismissed as