당선무효확인
208 Gohap2424 Invalidity of the election
O (42-1)
Daegu Metropolitan City A Council
Representative B
April 15, 2009
April 29, 2009
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
It is confirmed that the Defendant’s election of B was invalid in the fifth and second 2 Speaker’s election of Daegu Metropolitan City Council A, which was held on July 4, 2008 by the Defendant.
1.Recognition A, the Defendant was elected as the Chairman of the Council A in the 5th and 2nd election of the Daegu Metropolitan City Council (hereinafter referred to as the “instant election”), which was held on July 4, 2008 by the Defendant.
B. As a member of the Council, the Plaintiff filed the instant lawsuit by asserting that B’s election of the Speaker was null and void, since the Defendant, as a member of the Council, disposes of the ballot papers in Chapter 19, in which the name of the Speaker was written in its entirety, and elected B as the Speaker. On October 2, 2008, the Defendant passed the first plenary session of October 9, 2008, following the Defendant’s submission of a letter of resignation to the Defendant on October 2, 2008. (d) On the other hand, B was again elected as the Chairperson of the Council via a reelection after resignation as above. [Grounds for recognition], the fact that B did not contain any different facts, and the entries in subparagraphs 3 and 5, and the purport of the entire pleadings, as a whole, were written in subparagraphs 3 and 5.
2. Whether the lawsuit of this case is lawful
On the other hand, the litigation seeking confirmation, such as invalidation under the Administrative Litigation Act, is allowed when it is a valid and appropriate means to resolve the dispute by obtaining a judgment on the validity or existence of the disposition, etc. if there is a currently unstable or danger in the plaintiff's rights or legal status through the disposition, etc. of the administrative agency.
However, the plaintiff asserted that B was null and void in the election of this case and sought the confirmation thereof to the defendant. However, the plaintiff resigned from the design office elected by the election of this case during the lawsuit of this case, and thereafter elected by the Speaker through re-election - on the register of candidates, the defendant's election of B as the Speaker through the election of this case cannot be deemed to give the plaintiff's right in danger and in danger of being in the legal status. Thus, there is no benefit in confirmation.
3.In conclusion, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.
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