선거무효확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant is a management body comprised of sectional owners of 176 households in Seocho-gu Seoul Metropolitan Government (hereinafter “the instant aggregate building”) pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), which is a management body comprised of sectional owners of 176 households in Seocho-gu (50 households, officetels 84 households, and apartment 42 households), and the Plaintiff is a sectional owner of 105th floor underground of the instant aggregate building.
B. On March 18, 2015, the Defendant held an election to elect the Defendant’s representative and the respective representatives for each use (a store, officetel, and apartment) (hereinafter “instant election”).
In this process, the defendant did not grant one voting right equally to each sectional owner, granted one voting right according to the ratio of the area of each sectional owner's exclusive ownership, allowed the voting by proxy, and marked the area of each voter's exclusive ownership on the ballot paper.
C. Among the instant condominiums, the self-regulation on apartment buildings is separately stipulated as the “Rules on Management of Multi-Family Housing” (hereinafter “Rules on Apartment Buildings”), and the self-regulation on commercial buildings and officetels is separately stipulated as the “Rules on the Management of Building Facilities for Living and Business (hereinafter “Rules on Building”). The instant Rules on Apartment Buildings grant one voting right per unit of sectional ownership, while the instant Rules on Building give one voting right according to the ratio of the area of the section for exclusive use.
[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, each entry of Eul 2 through 4 (including provisional number; hereinafter the same shall apply), the purport of whole pleadings
2. The judgment of this Court
A. The Plaintiff’s assertion that the instant election is invalid due to the following significant defects in the process.
1. In selecting the representative of an aggregate building, the principle of direct, secret, general and equal election, which is the four principles of election under the Constitution, should be applied, and the defendant shall have one voting right for each object of partitioned ownership.