1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. The court's explanation concerning this part of the reasons for the decision of the court of first instance is the same as that of the corresponding part of the reasons for the decision of the court of first instance, and thus, citing it as it is in accordance with Article 8 (2) of the Administrative Litigation

2. Determination on this safety defense

A. The gist of the Defendant’s assertion is that the Plaintiff applied for permission to use 2,800 square meters among the instant harbor facilities, setting the period of use, and the period of use applied for the permission has already expired. Therefore, even if the instant disposition was revoked, the Plaintiff cannot use 2,800 square meters among the instant harbor facilities.

Therefore, there is no legal interest in seeking revocation of the disposition of this case.

B. 1) A lawsuit seeking the revocation of an illegal administrative disposition is a lawsuit seeking to restore the original state to its original state by excluding any unlawful state arising from an illegal disposition and protect or relieve the rights and interests infringed or interfered with such disposition. Thus, even if the revocation of such illegal disposition is impossible to restore to its original state, there is no benefit to seek the revocation of such disposition (see, e.g., Supreme Court Decision 2004Du8538, Jan. 11, 2007). However, even if restitution is impossible, where it is determined that there is a risk that the same litigation party might repeat the illegal disposition for the same reason as that of such administrative disposition, and thus, it is still a benefit to seek the revocation of such disposition in terms of ensuring legality of administration, judicial control over such administrative disposition, expansion of citizens’ rights and interests (see, e.g., Supreme Court Decision 2007Du13203, Feb. 14, 2008).