2012Nu25318 Disposition of revocation, such as the return of illegally received amount

A Stock Company

The Head of Seoul Regional Employment and Labor Agency

Seoul Administrative Court Decision 2012Guhap13252 decided July 13, 2012

November 20, 2013

November 20, 2013

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit are borne by the Defendant.

1. Purport of claim

The order of return of KRW 29,297,350, which the Defendant rendered to the Plaintiff on February 2, 2012, from July 5, 2008 to July 4, 2009, and the order of return of KRW 229,29,297,350, which the Plaintiff rendered on June 14, 2012, shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

The fact that the defendant revoked ex officio the disposition stated in the purport of the claim on October 30, 2013 is no dispute between the parties.

Therefore, the Plaintiff’s claim is seeking the revocation of a non-existent disposition, and became unlawful as there is no interest in the lawsuit. The judgment of the first instance is revoked and the instant lawsuit is dismissed.

The presiding judge, senior judge and senior judge

Judges Noh Jeong-il

Judges Jeong Jae-ok