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(영문) 창원지방법원 마산지원 2018.02.07 2017가합101416

당선무효확인의 소

Text

1. In the election of executive officers conducted by the Defendant on October 13, 2017, D, E, and F shall be decided as the elected person, and G shall be audited.

Reasons

1. Basic facts

A. The Defendant is a non-corporate entity that is a branch office affiliated with the Gyeongnam Private Taxi Transport Business Association, comprised of those who hold a license for private taxi transport business in H, and the Plaintiffs are private taxi business entities belonging to the Defendant.

B. On October 13, 2017, at the Defendant’s ordinary meeting, the 20th executive election was held, and the election of representatives (hereinafter “instant representative election”) was held by the method of selecting 4 highest number of votes from among 11 candidates. As a result of the voting, D 301 votes, E 173 marks, F 173 marks, and I were elected as representatives by obtaining 168 marks, and in the election of auditors (hereinafter “instant audit”), G was elected as auditors by obtaining 644 marks, 575 marks, and 427 marks.

Article 20 (Election Campaign)

1. An election campaign may be carried out from six days before the election day to the day before the election day;

(b)

4. The cancellation of registration and the invalidation of election in the event of a violation of the preceding paragraph.

C. In relation to the instant case, the Defendant Election Management Regulations are as follows:

On the other hand, the Defendant Election Commission received a written commitment from all candidates to observe the Defendant Election Management Regulations (hereinafter “instant commitment”) around September 2017, and received a written commitment of the following contents from all candidates before the election day in order to prevent the excessive order of the election day (hereinafter “instant commitment”). D, E, F, and G also prepared and submitted the instant commitment:

( Strategy) The election day (from 9 October 13, 2017 to 10) of the election day (from 2017 to 10 days) of the Defendant’s executives are admitted to the Lin-gymnasium and each candidate after his entry is prohibited from election campaigns outside the entire playgrounds.

(In the event of detection of an election campaign outside the place after entry, the registration of candidates shall be revoked). Each candidate shall be resolved indoors.

(C) The grounds for recognition) The fact that there is no dispute, each entry of Gap evidence 1 through 4, the purport of the whole pleadings.

2. Whether the election of this case is valid or not.