당선무효확인청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The summary of the judgment of the first instance court acknowledged the fact that E, who was the chairperson of the apartment association of this case, was in charge of the procedure related to the election of this case, such as publicly announcing the candidate registration procedure, election day, etc. for the election of the defendant's autonomous president, and it is reasonable to deem E merely did not have the position of the chairman of the election management committee at the time, and it was conducted the election management in a state where E did not have any separate qualification or authority to manage the election of this case. Thus, the decision made by the defendant as the elected person of the election of this case is null and void since there is a serious defect, and the decision made by the defendant as the elected person of the election of this case
2. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the court of first instance shall use “ August 7, 2016,” “Article 420,” “Article 420,” “On August 8, 2016,” “Local Branch Committee” and “Autonomous Committee” respectively; and (b) the Defendant’s judgment on the argument at the trial is identical to the ground of the first instance judgment, except for the addition of the judgment on the argument at the trial, and thus, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
3. The defendant asserts to the effect that in the trial of a political party, the re-election is held after the judgment of the first instance, and C was elected as the chairperson of the defendant autonomous council, the claim for confirmation of the winning fee does not have any interest in confirmation
With respect to the materials submitted by the Defendant along with the statement of grounds of appeal on October 23, 2017, there is a public notice stating that C is notified on September 16, 2017 in the name of “B apartment election commission”.
However, although the defendant's self-governing council rules submitted by the defendant along with the above written public notice provide that "the election of the chairperson shall be made in the way of making a decision by asking the will of all residents upon recommendation of at least five residents residing in the B apartment complex", C shall do so according to the above method.