1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

1. Judgment as to the defendant's defense prior to the merits

A. The Defendant asserts that, as the president of B University (hereinafter “instant university”) recommended the Plaintiff to be the president, the president appointed the Plaintiff as the president of the instant university on February 14, 2018, the instant lawsuit seeking revocation of the Defendant’s refusal to recommend the appointment of the Plaintiff on September 29, 2014 (hereinafter “instant disposition”) is unlawful as there is no longer benefit of lawsuit.

B. Since a lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking the restoration to the original state by removing the illegal state caused by the illegal disposition, and protective measures against the rights and interests infringed or interfered with the disposition, there is no benefit of lawsuit seeking the cancellation of the disposition in case where the infringement of rights and interests is resolved due to the circumstances after

According to the purport of the evidence Nos. 2004Du4369, May 13, 2005, the defendant recommended the plaintiff to be the president of the university of this case after the disposition of this case, and the President appointed the plaintiff as the president of the university of this case on February 14, 2018. As such, since the plaintiff had already been recommended to seek the cancellation of the disposition of this case, the plaintiff has no legal interest to seek the cancellation of the disposition of this case.

2. If so, the plaintiff's lawsuit of this case is unlawful and dismissed. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, and the total costs of lawsuit shall be borne by the defendant.