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(영문) 부산고등법원 2020.12.04 2019누20303
자동차운전면허취소처분취소
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the defendant.

purport, purport, and.

Reasons

1. The grounds for this part of the disposition by the court are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. We examine ex officio whether the lawsuit of this case is legitimate, and if an administrative disposition is revoked, the disposition becomes null and void, and no longer exists. A revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(See Supreme Court Decision 2009Du16879 Decided April 29, 2010 (see, e.g., Supreme Court Decision 2009Du16879, Oct. 23, 2020). In full view of the purport of the entire pleadings (the defendant's reference materials as of November 13, 2020) as stated in the evidence Nos. 7 through 9, the Plaintiff was sentenced to acquittal on January 10, 2020 in the case of violation of the Road Traffic Act (Monk Driving) by Busan District Court 2018Ma1313, the Plaintiff was sentenced to acquittal on January 10, 2020. Although the prosecutor appealed against the above judgment, the appellate court (Jonsan District Court 2020No317) dismissed the prosecutor's appeal on October 15, 202, and the Defendant can recognize the fact of revoking the disposition of this case ex officio on October 23, 2020.

3. If so, the lawsuit of this case shall be dismissed. Since the judgment of the court of first instance differs from this conclusion, it shall be revoked and the lawsuit of this case shall be dismissed, and since the lawsuit of this case is dismissed due to the cancellation of the disposition by the defendant, it is so decided as per Disposition by the defendant under Article 32 of the Administrative Litigation Act.

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