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(영문) 서울행정법원 2016.07.14 2016구합1134

정보공개청구비공개결정취소

Text

1. Of the instant lawsuit, the Defendant’s rejection of the attached list “A” against the Plaintiff on December 15, 2015, and against the Plaintiff B and C on December 28, 2015.

Reasons

1. Details of the disposition;

A. D Co., Ltd. (hereinafter “D”) was a corporation established for the purpose of maintaining and managing the aggregate buildings of 6 underground and 15 stories above ground located in Jung-gu, Seoul (hereinafter “F building”) and revitalizing the commercial buildings, and reported to the Defendant on Nov. 2, 2000 pursuant to the former Distribution Industry Development Act (amended by Act No. 6959, Jul. 30, 2003; hereinafter the same) on the second to nine stories below ground, and the Defendant accepted the above report and notified D as a superstore manager on Nov. 13, 200.

B. On January 11, 2001, Plaintiff A is the owner who completed each registration of ownership transfer for the commercial buildings Nos. 917 and 918 of the F building No. 4, and Plaintiff B is the owner who completed the registration of ownership transfer for the second underground floor No. 302 of the F building on the same day.

On the other hand, on July 17, 2015, Plaintiff C is the lessee who leased the commercial building No. 917 from Plaintiff A.

C. The FGA management body composed of the sectional owners of the F building filed a lawsuit against D against D to seek confirmation that D is not in the position of the superstore operator and superstore manager of the F building, and that the right to collect management expenses for the part from the second to the fifteenth floor above the ground was in the FGA management body. However, on February 17, 2015, D was partly ruled against D on the ground that D is in the position of the superstore manager of the FG building (Seoul Central District Court 2014Gahap20658), and the FGA management body filed an appeal.

On the other hand, on December 9, 2015, Plaintiff A requested each of the Defendant to disclose each information described in the item subject to the claim in the separate sheet on December 16, 2015.

E. On December 15, 2015, the Defendant: (a) to Plaintiff A; and (b) to Plaintiff B and C on December 28, 2015, each of the “large Store Manager B and C” includes information on the privacy of individuals and the business secrets of corporations; and (c) to disclose information on public institutions.