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The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
All costs of the lawsuit are assessed against the defendant.
Reasons
Judgment ex officio is made.
When an administrative disposition is revoked, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.
(See Supreme Court Decision 2004Du5317 Decided September 28, 2006). According to the records, the defendant can be aware of the fact that the disposition of this case was revoked ex officio on June 4, 2015, which was after filing the appeal of this case. Thus, the lawsuit of this case was sought for revocation of a disposition for which no lawsuit of this case exists, and thus, became unlawful as there was no benefit of lawsuit.
Therefore, the judgment of the court below shall be reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and the judgment of the court of first instance shall be revoked, and the lawsuit of this case shall be dismissed, and the total cost of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided