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(영문) 서울고등법원 2019.08.16 2019누32087
농약품목등록취소처분 등 취소청구의 소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. On September 22, 2017, the court of first instance rejected the Plaintiff’s claim against the disposition of cancellation of registration and the order of withdrawal and destruction of agrochemicals items related to items in Schedule 1 and 2, which the Defendant filed against the Plaintiff on September 22, 2017, and revoked the Plaintiff’s claim against the disposition of cancellation of registration and the order of recall and destruction of agrochemicals items in Schedule 3

In this regard, the plaintiff appealed only the part of the claim for the cancellation of the registration and the cancellation of the collection and disuse order with respect to the items listed in attached Table 1 among the judgment of the court of first instance, and the defendant appealed against the part against the defendant. Thus, the scope of the judgment of this court is limited to the claim for the cancellation of registration and the cancellation of the collection and disuse order with respect to items listed

2. Acknowledgement of the reasoning of the judgment of the court of first instance is the same as the statement of the reason of the judgment of the court of first instance except for the following additional or solid parts (Provided, That the part of the claim for cancellation of registration and cancellation of the order for collection and destruction of agrochemicals items related to items in the attached list No. 2), Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act shall be cited.

In the fourth page of the decision of the first instance court, the following shall be added to the third page of the decision of the first instance.

The term "the kinds and contents of other ingredients" and "the manufacturing place" in the application for registration shall be falsely stated: Each "the witness" in the fourth page (excluding the parallel number), 11, and 14 of the judgment of the first instance court shall be written as "the witness of the first instance court".

Part 9 of the decision of the first instance shall add the following details to the tenth:

On the other hand, even if the plaintiff's assertion is merely on the packing and it is sufficient to register the modification, the chemical reaction, etc. that may occur when using the receptor in the water together with 1-MCP.

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