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. Where an administrative disposition is withdrawn as to whether a lawsuit is lawful, such disposition is null and void, and no longer exists, and a lawsuit seeking revocation against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(see, e.g., Supreme Court Decision 2009Du16879, Apr. 29, 2010). According to the evidence No. 16, the Defendant’s withdrawal of the instant disposition on July 18, 2016 is recognized.

According to this, the Plaintiff’s lawsuit seeking revocation of the instant disposition is unlawful as it seeks revocation of the non-existent disposition.

2. Thus, the lawsuit of this case shall be dismissed as unlawful, and the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed as a result of a different conclusion. However, the total costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.