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(영문) 수원지방법원 2018.10.05 2018구단6526

자동차운전면허취소처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

When an administrative disposition is revoked, 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.

(2) According to the records, the Defendant’s revocation of the instant disposition ex officio during the proceeding of the instant lawsuit is known. As such, the instant lawsuit had already been extinguished and seeking revocation of the disposition without any legal interest in the lawsuit became unlawful as it did not have any interest in the lawsuit.

Therefore, the lawsuit of this case shall be dismissed, and the costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.