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(영문) 인천지방법원 2017.11.16 2017구합52768
행정대집행계고처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

When an administrative disposition is revoked, such disposition shall lose its effect due to the revocation, and no longer exists, and a revocation lawsuit against non-existent administrative disposition shall be unlawful as there is no benefit of lawsuit.

(2) In light of the above legal principles, the Defendant’s revocation of the ex officio disposition stated in the purport of the claim against the Plaintiff on September 11, 2017, which is pending in the instant lawsuit, is unlawful as there is no interest in the lawsuit, since the Defendant sought revocation of the disposition that does not exist any longer, as there is no interest in the lawsuit.

Therefore, the suit of this case is dismissed, and the litigation cost is assessed against the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.

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