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(영문) 대구지방법원 2016.06.30 2015가합4348

선거당선무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a representative of B (hereinafter "the apartment of this case") located in Busan Metropolitan City and is a resident of the above apartment of this case. The defendant is an autonomous organization organized by the occupants to manage the above apartment of this case, and the non-legal entity group consisting of the representatives of each Dong, and the defendant joining the defendant (hereinafter "the intervenor") is a person elected as the chairperson of the council of occupants' representatives of the apartment of this case at the election entered in the purport of the claim.

B. On December 3, 2015, the Plaintiff’s election of the chairman of the council of occupants’ representatives (hereinafter “instant election”) implemented by the Defendant on December 3, 2015.

2) On December 3, 2015, the election commission, an agency in the Defendant (hereinafter “election commission”) (hereinafter “election commission”) (hereinafter “election commission”) announced that the Intervenor was the chairperson of the Defendant as the Intervenor’s 90 votes, Plaintiff 64 votes, and invalid 1 votes.

3) On December 7, 2015, the Plaintiff’s Intervenor’s provision on the instant apartment election commission regulations (hereinafter “the instant apartment election commission regulations”).

(4) On December 8, 2015, the election commission, in violation of Articles 22 and 24, filed an objection on the ground that the Plaintiff filed an objection against the instant election, and decided to suspend all the tasks of the Intervenor who was the winner until the court rendered a judgment, and publicly announced January 8, 2016 that D will be designated as the Chairperson’s acting as the Chairperson.

Article 20 (Definition, etc.) (1) of the Regulations of the Election Commission (Definition, etc.) "election campaign" in this Regulation means an act to be elected or to have another person elected or not to be elected.

Provided, That any preparation for an election campaign shall not be deemed an election campaign, indicating simple opinions on the election, and the preparation for candidacy and election campaign.

(2) Only candidates, occupants, etc. may engage in an election campaign.

Article 21 (Election Campaign Period) An election campaign shall be held from the day following the deadline for the registration of candidates to the election campaign period.