요양급여비용 조정처분 취소청구
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
When an administrative disposition is revoked, such disposition shall lose its validity and shall no longer exist, and a revocation lawsuit against a non-existent administrative disposition shall be unlawful because it has no interest in the lawsuit.
(See Supreme Court Decision 2009Du16879 Decided April 29, 2010, etc.). On October 18, 2017, following the filing of the instant lawsuit, the Defendant revoked ex officio the disposition for reduction adjustment of medical care benefit costs stated in the purport of the claim against the Plaintiff and paid KRW 5,141,980 to the Plaintiff on October 18, 2017, since there is no dispute between the parties, the instant lawsuit is seeking revocation of a disposition that does not exist, and is unlawful as there
Therefore, the suit of this case is dismissed, and the litigation cost is assessed against the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.