자동차운전면허취소처분취소
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total costs of the lawsuit shall be borne by 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 each description of evidence Nos. 8, 9, and 10, the Defendant’s revocation ex officio of the instant disposition on June 16, 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.
2. Thus, the lawsuit of this case shall be dismissed as unlawful, and the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed as it is unfair, and the total costs of the lawsuit shall be borne by the defendant under Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.