자동차운전면허정지처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
1. Where an administrative disposition is revoked as to the legitimacy of the instant lawsuit, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.
(see, e.g., Supreme Court Decision 2012Du18202, Dec. 13, 2012). According to the records, the Defendant may recognize the fact that the Defendant ex officio cancels the disposition stated in the purport of the claim on November 7, 2019, which was after the date of the instant lawsuit.
Therefore, the plaintiff's lawsuit of this case is seeking revocation of a disposition that has not already been extinguished, and thus, it becomes illegal as there is no interest in the lawsuit. The defendant's defense pointing this out has merit.
2. As such, the instant lawsuit is unlawful and dismissed, and the costs of lawsuit are assessed against the Defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.