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(영문) 수원지방법원 2016.12.27 2016구합63164
정보공개처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an entrusted management real estate investment company as defined in subparagraph 1 (b) of Article 2 of the Real Estate Investment Company Act, and is a project implementer of the news table construction project (commercial rental housing construction project) that constructs multi-family housing and recruits 360 households of 360 households, and B is a lessee who entered into a housing lease contract with the Plaintiff on January 14, 2016 with respect to the foregoing multi-family housing (hereinafter “instant housing”) at KRW 469,00,000,000, rent of KRW 400,000,000 among the foregoing multi-family housing (hereinafter “instant housing”).

B. On March 21, 2016, B requested the Defendant to disclose information on “(the claim in this case) the data subject to construction review and landscape review (including night landscape planning and outdoor advertisements), ② the data subject to business approval (including drawings such as civil engineering, electricity, telecommunications, fire fighting, landscaping, construction, equipment, etc.), ③ the entire data subject to prior deliberation on art and food of a building; ④ the request to provide a PDF file within the possible scope of the above data, among the above data.”

C. On March 25, 2016, the Defendant notified the Plaintiff of the fact that the instant claim was filed pursuant to Article 11(3) of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). On March 31, 2016, the Plaintiff submitted to the Defendant a non-disclosure opinion that “the information subject to the instant claim is related to the Plaintiff’s intellectual property rights, and falls under the information prescribed in Article 9(1)7 of the same Act.”

Since then, on April 1, 2016, the Defendant disclosed only the information on “B’s drawings and specifications (including drawings, such as civil engineering, electricity, communications, fire fighting, landscaping, architecture, and equipment) relating to the relevant department of the contract generation and the section for common use” (hereinafter “instant information”) (hereinafter “instant information”).

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