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(영문) 서울중앙지방법원 2019.12.12 2019가합918

선거관리위원회구성 무효 확인청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a sectional owner of the Gwanak-gu in Seoul Special Metropolitan City (hereinafter "the apartment of this case"), and the defendant is the council of occupants' representatives of the apartment of this case established under the Multi-Family Housing Management Act.

B. On January 25, 2017, the head of the instant apartment management office published the recruitment announcement of election management members (term of office: from the election day to July 31, 2017), and announced that D, E, F, G, and H were commissioned as election management members on January 31, 2017.

In addition, on February 1, 2017, the above election management members announced that H was elected as the chairperson and that the election management commission was constituted.

(C) On March 7, 2017, the election commission at the 111th election commission (hereinafter “11 election commission”). The 11th election commission, upon election of the 11st representative of each Dong and the chairman of the council of occupants’ representatives, elected I as the chairman on March 29, 2017. (d) The chairman of the 11th election commission at the 11th election commission announced open recruitment of the election management commission from August 1, 2017 to July 31, 2019, whose term of office is from August 1, 2017 to July 31, 2019. Accordingly, the election commission organized H, members, E, F, G, and J on July 25, 2017 (hereinafter “election commission at the 12th election commission”).

After the expiration of the 12th election commission term, the election commission was organized through a public notice on the recruitment of election management members.

【Fact-finding without a dispute over the basis of recognition】 The evidence Nos. 1 through 3 (including each number, if any, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. The plaintiff, although the head of the management office of the apartment complex does not have the right to recruit the election management members, constitutes the 11th election management commission by making the recruitment announcement of the election management members.