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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On November 18, 2019, the Plaintiff operated the “C Care Center” located in Seo-gu, Busan. On November 18, 2019, the Defendant issued a corrective order (hereinafter “instant disposition”).
B. On May 13, 2020, the Defendant revoked the instant disposition ex officio.
[Ground of recognition] Facts without dispute, entry of Gap 10 and 11 evidence, purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. Even if a lawsuit seeking the revocation of an administrative disposition is lawful at the time of filing a lawsuit, if a disposition agency ex officio revokes an administrative disposition subject to dispute during the duration of the lawsuit, the disposition loses its validity and does not exist any longer. Thus, an appeal suit against the disposition that does not exist, in principle, is unlawful because the interests of the lawsuit are extinguished.
(See Supreme Court Decision 2018Du49130 decided June 27, 2019, etc.). B.
Therefore, in the case of the lawsuit of this case, as seen earlier, the defendant revoked ex officio the disposition of this case while the lawsuit is pending, and the interest in the lawsuit has ceased to exist.
3. 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.