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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Circumstances of the disposition and proceedings thereof;
A. On August 6, 2015, the Defendant rendered a disposition of business suspension for six months against the Plaintiff on the grounds that the Plaintiff’s business was registered among real estate agents (hereinafter “instant disposition”), (i) an employee’s failure to report, and (iii) a transaction contract and a confirmation description of the object of brokerage were omitted.
B. On March 31, 2016, the Plaintiff filed the instant lawsuit seeking revocation by asserting that the instant disposition was unlawful, and the prosecutor rendered a decision not to prosecute the Plaintiff on the ground that there is insufficient evidence as to the suspicion of violation of the Licensed Real Estate Agents Act due to the Plaintiff’s “registration during the Office”.
On the other hand, on May 27, 2016, the Defendant revoked the instant disposition ex officio on the grounds of change in circumstances.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including additional numbers), the fact that is obvious to this court, and the purport of the whole pleadings
2. As to the legitimacy of the instant lawsuit ex officio, the health class, revocation lawsuit, etc. is to restore to its original state by excluding any unlawful state arising from an unlawful disposition, etc., and thus, seek relief for the rights and interests infringed or obstructed by such disposition, the validity of the disposition, etc. shall continue to exist, and such revocation shall enable restoration to its original state.
However, as seen earlier, the instant disposition seeking the revocation of the instant lawsuit by the Plaintiff is revoked and remains effective, and thus there is no interest in the lawsuit seeking the revocation of the disposition.
Therefore, the instant lawsuit is unlawful.
3. It is so decided as per Disposition by the assent of all participating Justices on the bench.