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(영문) 청주지방법원 2015.09.03 2015구합10914
원상회복명령 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Where an administrative disposition is revoked, such disposition becomes null and void due to such revocation, and no longer exists, and a lawsuit seeking revocation against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit;

(2) On September 28, 2006, according to the evidence Nos. 2004Du5317, Sept. 28, 2006; however, according to the evidence Nos. 4, the Defendant’s revocation ex officio of the disposition to reinstate the purport of the claim on July 27, 2015, where the instant lawsuit is pending, may be recognized. The instant lawsuit is seeking revocation of the instant disposition, which is no longer effective due to the Defendant’s revocation ex officio, and is unlawful as there is no benefit of lawsuit.

3. Therefore, the lawsuit of this case is dismissed, and the costs of the lawsuit are assessed against the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.

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