자동차운전면허취소처분취소
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 records, the Defendant’s revocation ex officio of the disposition stated in the purport of the claim on October 19, 2020, which was after the date of the instant lawsuit, is recognized.
Therefore, the plaintiff's lawsuit of this case is seeking the revocation of a disposition that is not extinguished and became illegal as there is no benefit of lawsuit.
2. 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.