2013Du20646 Revocation of the revocation of the license

1. A;

2. B

The Commissioner of the Local Police Agency

Seoul High Court Decision 2010Nu45790 Decided September 12, 2013

June 23, 2015

The judgment of the court below is reversed.

The judgment of the first instance court is revoked, and all plaintiffs' lawsuits are dismissed. All costs of the lawsuit 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, e.g., Supreme Court Decisions 95Nu108, Dec. 12, 1995; 2009Du16879, Apr. 29, 2010).

According to the records, around June 4, 2015, the defendant's revocation of each disposition revoking the driver's license of the plaintiffs, which is the object of the lawsuit in this case, is revealed.

If so, the plaintiffs' lawsuit seeking the revocation of the above revocation has become illegal because there is no benefit of lawsuit.

Therefore, the judgment of the court below is reversed. Since this case is sufficient for the Supreme Court to directly judge, the judgment of the court of first instance shall be revoked, and all of the plaintiffs' lawsuits shall be dismissed, and the total costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition

Justices Kim Jae-young

Justices Lee In-bok

Justices Kim In-bok, Counsel for the defendant

Justices Go Young-young