자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
When an administrative disposition is withdrawn, such disposition shall become null and void, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition shall be unlawful as there is no benefit of lawsuit.
(see, e.g., Supreme Court Decision 2009Du16879, Apr. 29, 2010). According to the evidence No. 7, the Defendant’s revocation of the instant disposition on September 22, 2016 is recognized.
According to this, the Plaintiff’s lawsuit seeking revocation of the instant disposition is unlawful as it seeks revocation of the non-existent disposition.
Therefore, the plaintiff's lawsuit of this case shall be dismissed, but the costs of lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act, and it is so decided as per Disposition.