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(영문) 부산지방법원동부지원 2017.06.29 2016가합104523
정보공개금지청구 이행의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

The defendant is a regional housing association established for the purpose of building a house for the residents residing in the area of the Magdong in Busan, Suwon-gu (see Article 2 subparagraph 11 (a) of the Housing Act), and the plaintiffs are members of the defendant

On October 18, 2016, D, a member of the Defendant, requested the Defendant to duplicate the list of union members for the purpose of “verification of the number of union members, verification of the false number of union members, and the request for convening an extraordinary general meeting of union members,” and the Defendant sent text messages to union members, including the Plaintiffs, and notified D of the scheduled disclosure of the list of union members on October 27, 2016.

After the notice of the foregoing text message, some members requested the Defendant to present the issue of disclosure of the list of union members as a general meeting agenda, and the Defendant’s board of directors passed a resolution to ask the Defendant’s opinion on the disclosure of the list of union members through the general meeting of union members on December 13, 2016. On February 16, 2017, in lieu of disclosing the list of union members to the union members who requested the duplication of the list of union members, the union members made a resolution to disclose the list of union members on their own opened and operated by the union members to inform the contact address and the operating company of the contact address. However, the issue of whether the list of union members was disclosed to D by the date of the closing of argument

The Acts and subordinate statutes relating to the instant case are as follows:

Article 12 (Disclosure of Related Data) (1) The promoters or executives of a housing association shall make public the following documents and related data concerning the implementation of the housing association project in parallel with the Internet and other methods to make them known to the members of the housing association within 15 days after the documents and related data are prepared or changed:

(2) Where a member of the housing association requests the perusal or reproduction of documents and related data concerning the implementation of the housing association project, including the documents referred to in paragraph (1) and the following, the promoters of the housing association; or

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