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(영문) 대전지방법원 2021.01.07 2019구합1366

정보공개청구에대한비공개결정처분취소

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1. On October 8, 2019, the Defendant’s disposition of non-disclosure of the information listed in the Appendix 1 attached to the Plaintiff on October 8, 2019.

Reasons

1. Details of the disposition;

A. The Plaintiff is taking part in the inspection of “D's death,” which is located in Daejeon Pream-gu C.

B. On June 27, 2016, Co., Ltd. (hereinafter “instant project plan”) obtained approval from the Defendant on June 27, 2016 for the construction of the housing construction project plan (hereinafter “the instant project plan”) with the content of newly constructing the building area of 1,239.34 square meters, total floor area of 6,875.94 square meters, one building area of 9 stories above ground, one 9 households in total of 99 households, and one studio-type housing (hereinafter “G”; hereinafter “the instant building”). On October 14, 2019, the instant building was completed after filing a commencement report on June 26, 2018, and was inspected by the Defendant on October 14, 2019.

(c)

On September 26, 2019, the Plaintiff filed a claim with the Defendant for disclosure of information on the copies or printed materials of “the business plan and all documents (including modified documents if any) regarding the construction of the instant building (hereinafter “information of this case”) to the approval.”

(d)

On September 30, 2019, pursuant to Article 11(3) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), the Defendant requested H, a contractor of the instant building, to present its opinion on the said claim for information disclosure. On October 2, 2019, H made a non-disclosure request on the ground that “the disclosure of the instant information might affect our property protection and its management and business operation pursuant to Article 9(1)3 and 7 of the Information Disclosure Act.”

The Plaintiff asserts that “E” is the owner of the construction of the instant building, and that the instant disposition that received a non-disclosure request from “H”, which is not related to the instant building, was unlawful.

However, according to the purport of the evidence No. 22, “H” is a contractor of the construction of the instant building, who is related to the information subject to the Plaintiff’s request for information disclosure.