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(영문) 서울고등법원 2017.02.14 2016누69309
정보공개
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and the lawsuit of this case corresponding to the revoked part shall be dismissed;

Reasons

1. On July 27, 2015, the court of first instance revoked the part concerning the information listed in [Attachment 1] Nos. 5, 8, and 15 in the disposition rejecting disclosure of each information listed in [Attachment 1] against the Plaintiff on July 27, 2015, and only the Defendant appealed against the Defendant who revoked the disposition rejecting disclosure of information listed in Attached 1 List No. 9 among the judgment of the court of first instance. Thus, the court of first instance shall judge only the above information that the Defendant appealed.

2. The reasons why the court should explain this part of the disposition are as follows: “The disposition rejecting information disclosure as to the information listed in the No. 9 of the judgment of the court of first instance (hereinafter “instant disposition” among the above decisions, and the information listed in the No. 9 of the attached table No. 1 as “the information of this case”) is the same as the corresponding part of the judgment of the court of first instance, except for the case where the information listed in the No. 9 of the attached table No. 1 as “the information of this case”. Thus, it shall be accepted pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, and Article 420 of the Civil Procedure Act.

4. In conclusion, the part of the lawsuit in this case's claim for revocation of the disposition in this case is unlawful and thus it shall be dismissed, and the defendant in the judgment of the court of first instance.

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