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(영문) 대구지방법원 2016.12.09 2016구합1518
용지대부료부과취소
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 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). In the instant case, the Defendant revoked ex officio the imposition of rent stated in the purport of the claim on November 12, 2016, in which the lawsuit is pending, and thus, is unlawful as the instant lawsuit is seeking revocation of the disposition no longer exists, as there is no benefit in the lawsuit.

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

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