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(영문) 서울고등법원 2019.02.21 2018누60979
건축허가처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the modification as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] The last 6th of the judgment of the first instance court and the first 7th of the judgment, "M" shall be raised as "D".

Article 4 subparag. 3 of the Chinese Guidelines for Export Quarantine (Notice No. 2015-14 of the Agriculture and Forestry Quarantine Headquarters Notice No. 2015-14) of the Notice No. 8 of the Judgment of the First Instance No. 10 to 15 of the Judgment No. 8, “ / []” provides that “no pest or disease source, such as livestock pens that are not under control over the area surrounding the orchard” shall be caused in relation to the export complex requirements. The head of Chapter and GAP farming technology published by the National Institute of Agriculture and Forestry in the Rural Development Administration may move harmful organisms to human body (in particular, it is highly likely that food poisoning germs or parasitic germs exists among animal excreta).” Accordingly, it is acknowledged that there is no risk that the Plaintiff, etc. may cause harm to animals beyond the scope of the plant where crops are cultivated or harvested after harvest.”

Part 9, 4, and 5 of the judgment of the first instance shall be deleted.

Therefore, the lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance with this conclusion is just, and the plaintiff's appeal is dismissed as it is without merit.

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