동별대표자선출선거무효확인의소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is elected as the 11st representative of Dongdaemun-gu Seoul Metropolitan Government apartment (hereinafter referred to as the “instant apartment”).
The defendant is an institution organized by occupants, etc. (referring to occupants and users of the apartment in this case) of the apartment in this case pursuant to Article 15 of the Multi-Family Housing Management Act to elect or dismiss the representatives of the apartment in this case or the officers of the council of occupants' representatives
From June 16, 2020 to June 17, 2020, six representatives of each Dong (No. 1,2, 4, 5, 6, 10 constituency) among the 10 constituency were elected.
On June 18, 2020, the defendant publicly announced the above six elections, while publicly announced the second election election for the election of representatives by buildings in the third, seven,8,9 election districts in which representatives by buildings have not been elected in the above election.
On June 24, 2020, the defendant held a meeting of the election commission to examine the documents on two candidates for the second election (the third, seventh election district), and decided to elect the third representatives for the 8 and 9 election districts without registration of candidates.
Accordingly, on July 1, 2020, the defendant issued the second announcement of the re-election of the representative of each Dong (total third announcement).
The second and third elections for the election of representatives of the apartment buildings of this case were held on July 14, 2020, and as a result, the elected persons in the 3, 7, and 9 constituency were determined by the ballot counting.
[Ground of recognition] In order to post a public notice for the election of representatives by buildings, the chairperson of the election management committee shall, pursuant to Article 49 of the Management Rules, disclose the dates, places, and agenda items to bulletin boards and the integrated information center by not later than five days before the meeting is held.
However, the third public notice of the election of the representatives of each Dong posted on July 1, 2020 does not hold a meeting of the election commission.