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(영문) 광주고등법원 2019.10.10 2018누5450
경정청구기각처분취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

2. The court's explanation on this part of the plaintiff's assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, the court's explanation on this part is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

3. If an administrative disposition is revoked as to the legitimacy of the lawsuit of this case, such disposition is null and void, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(see, e.g., Supreme Court Decision 2009Du16879, Apr. 29, 2010). If the Defendant’s revocation of the instant disposition on July 30, 2019, and issued a decision of correction to refund KRW 15,564,606 to the Plaintiff, it is recognized that the instant lawsuit was against an administrative disposition no longer effective, and thus, became unlawful as there was no benefit of lawsuit.

4. In conclusion, the lawsuit of this case is unlawful for the first time in this court. Thus, the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, but the defendant shall bear the costs of lawsuit in accordance with Article 32 of the Administrative Litigation Act, and it

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