beta
(영문) 서울중앙지방법원 2017.11.09 2017가합5001

선거무효확인의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

From November 3, 2016 to April of the same month, the defendant held the election of representatives by buildings.

On November 7, 2016, the defendant decided that the 304 representative election was invalidated on the ground that the number of voters in the 304 representative election district, who the plaintiff left as a representative, did not reach the majority of occupants, etc., and publicly announced the remaining elected persons of the 304 representative election.

On November 8, 2016, the Defendant announced the election for the representative of occupants and the auditor on November 29, 2016 (hereinafter “instant election for executive officers”) by designating the representative of each building publicly announced as a candidate as a candidate for registration, and announced the election for the representative of occupants and the auditor on November 29, 2016. The Intervenor joining the Defendant was elected as the chairperson, D, and E as the auditor.

On January 4, 2017, the defendant conducted a re-election of Dong 304, Dong 2017, and the plaintiff was elected as Dong 2.

On February 1, 2017, the defendant's assistant intervenor, who is the president of the tenant representative meeting, decided to re-election the president of the tenant representative meeting on the ground that the defendant's assistant intervenor violated the management rules and the provisions of the Enforcement Decree of the Multi-Family Housing Act, and

On the other hand, the auditor D was dismissed by his dismissal vote on March 12, 2017.

On March 29, 2017, the president of the tenant representative council and the auditor's reelection was held.

The plaintiff was elected as the chairperson, but the F was elected as the chairperson, and G was elected as the auditor.

[Grounds for recognition] In the absence of dispute, Gap's 1, 2, 13 through 16, 34, 35, Eul's 3 through 5, and since the 304 Dong representative election, which the plaintiff asserted as a candidate, was invalid, the whole purport of the pleadings, the plaintiff's assertion of the whole purport of the pleadings, the defendant immediately conducted a 304 Dong representative re-election and confirmed the members of the council of occupants' representatives and deprived the plaintiff of the plaintiff's rights to be elected as executive officers by holding an election of executive officers of this case with delay of 304 Dong 304 representative re-election on purpose.

Therefore, the election of executive officers of this case is held.

참조조문