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. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. The Plaintiff sought revocation of the decision on the payment of childcare benefits for the period from November 11, 2014 to September 10, 2015, as to the childcare benefits for which the Defendant applied, on October 25, 2017 and November 7, 2017 (hereinafter collectively referred to as “instant disposition”).

B. Since a lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking the restoration to the original state by excluding an illegal state caused by the illegal disposition, and protecting and remedying the rights and interests infringed or obstructed by the disposition, there is no benefit in the lawsuit seeking the cancellation of the disposition in case where the infringement of rights and interests is resolved due to the circumstances

(2) The court of first instance issued a written notice to the Plaintiff on May 29, 2018 (see, e.g., Supreme Court Decision 2004Du4369, May 13, 2005). However, according to the purport of the entire pleadings, the Defendant is recognized to have additionally paid KRW 10,00,00 from November 11, 2014 to September 10, 2015 on the ground that the Plaintiff applied for temporary retirement benefits for the first time by the court of first instance and notified the Plaintiff that he would be paid the temporary retirement benefits from September 11, 2014 to November 10, 2014.

2. If so, the plaintiff's lawsuit of this case is unlawful and dismissed. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, and the total costs of lawsuit shall be borne by the defendant.