기타(일반행정)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 28, 2017, the Plaintiff filed a claim with the Defendant for disclosure of information on “(i) the decision to revoke the designation of a rearrangement zone before and after 2008, or if the decision is difficult, the case number (the Plaintiff C, etc.) and (ii) the entire proposal to designate a housing redevelopment improvement zone (the alteration) in November 2015.”
B. On May 8, 2017, the Defendant disclosed to the Plaintiff the written public notice of the proposed improvement plan for the redevelopment of B’s housing for public inspection, but the said written judgment or case number requested by the Plaintiff (hereinafter “instant information”) was not kept and managed.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. On October 19, 2006, the Plaintiff’s alleged B house redevelopment and rearrangement zone was publicly announced on October 19, 2006.
However, C, the representative of the relevant emergency response committee, filed a lawsuit seeking revocation of the designation of the above improvement zone in the name of C, D, E, and F, including the Plaintiff, and then withdrawn the lawsuit without notifying the Plaintiff with the remaining persons other than the Plaintiff, and was sentenced to revocation of the designation of the above improvement zone in the name of the Plaintiff around 2008. Accordingly, C, the designation of the improvement zone was revoked.
The plaintiff requests the defendant to disclose the information of this case concerning the above judgment.
3. In light of the fact that the information disclosure system is a system that discloses information held and managed by public institutions, the person who seeks information disclosure must prove that it is highly probable that the person who seeks information will possess and manage the information that is sought to be disclosed.
In addition, if a public institution fails to retain and manage the information, there is no legal interest to seek revocation of the disposition rejecting information disclosure, unless there is a special reason.
(See Supreme Court Decision 2013Du4309 Decided June 12, 2014, see Supreme Court Decision 2013Du4309).