2013Du20639 Revocation of revocation of the license to drive motor vehicles

A

The Commissioner of Seoul Local Police Agency

Seoul High Court Decision 2011Nu4949 Decided September 12, 2013

June 24, 2015

The judgment of the court below is reversed.

The judgment of the first instance court is revoked, and the lawsuit is dismissed. All costs are borne by the defendant.

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 2006, Sep. 28, 2004; 2004Du5317, Sept. 28, 201)

According to the records, the defendant may know the fact that he voluntarily revoked the instant disposition on June 4, 2015, which was after filing the instant appeal. Thus, the lawsuit of this case was seeking revocation of the disposition that did not exist, and became unlawful as there was no interest in the 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

Justices Park Sang-hoon

Justices Kim Jae-tae

Chief Justice Cho Jae-hee

Justices Park Sang-ok