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(영문) 서울고등법원 2016.02.04 2015누41618
정보공개거부처분취소
Text

1. The defendant's appeal against the plaintiff (appointed party) is dismissed.

2. The costs of appeal shall be borne by the defendant.

Reasons

1. The Plaintiffs filed the instant lawsuit seeking revocation of the Defendant’s refusal disposition of disclosure of information on each information listed in the separate list of information requests for disclosure. The court of first instance rejected the information listed in paragraphs 2 and 4 of the same list on the ground that there is no reasonable probability that the Defendant possesses and manages it, and thus, there is no legal interest to seek revocation of the disposition of refusal to disclosure of information on this part. The court dismissed the information listed in paragraphs 5 of the same list on the ground that its content and scope cannot be clearly specified. The part of the claim for revocation of revocation of the disposition of refusal to disclosure of information on each information listed in paragraphs 1 and 3 of the same list

As the defendant appealed, the subject of the judgment of this court is limited to the claim for revocation of the refusal to disclose the key information of this case.

2. With respect to this part of the details of the disposition, the court's explanation is the same as the part concerning the pertinent part of the judgment of the court of first instance, except for the case in which the appointed party "(s)" in Part 5 of the judgment of the court of first instance is deemed to be "designated person(s)"(s) and 17(s) through 17(s) of the corresponding part(s) of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation

3. As to this part of the judgment on the defense prior to the merits, this Court deleted the part of the first instance court’s 5th to 17th 6th eth 7th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.

4. The first instance court's decision as to the legitimacy of the instant rejection disposition against the key information of this case is with the exception of the following matters.

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