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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.
Reasons
1. The court's explanation concerning this part of the reasons for the disposition is the same as the corresponding part of the reasons for the judgment of the court of first instance. Thus, this part of the reasons are cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Where an administrative disposition on the Defendant’s main defense is revoked, 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 Supreme Court Decision 2009Du16879 Decided April 29, 2010, etc.). In full view of the purport of the entire pleadings in the statement No. 2 of the evidence No. 2, the Defendant may recognize the fact that the instant disposition was revoked ex officio on October 14, 2015, where the instant lawsuit was pending in the trial, and thus, the instant lawsuit was against a disposition that had not been extinguished and became unlawful as there was no interest in the lawsuit.
3. As such, the decision of the first instance is revoked and the lawsuit of this case is dismissed, and the total cost of the lawsuit is assessed against the defendant pursuant to Article 32 of the Administrative Litigation Act and is so decided as per Disposition.