동별 대표 선거무효의 소
1. Request the confirmation of invalidity of the election of the representative of each Dong in respect of the remainder of the constituency except for the constituency No. 7.
1. The plaintiff filed the lawsuit of this case by asserting that the entire election of this case is null and void, and the lawsuit of confirmation is not only the legal relationship between the parties but also the legal relationship between a party and a third party. As to the legal relationship between a party or between a third party, disputes arising between the parties cause uneasiness or risk in the legal relationship of one of the parties, and the confirmation of the legal relationship with the other party becomes an effective and appropriate means to eliminate uneasiness or risk in the legal relationship between the parties.
(see, e.g., Supreme Court Order 2009Ma168, Sept. 24, 2009). The effect of the election of the representative of each Dong with respect to the remaining constituency except for the seven constituency directly opened by the Plaintiff is the relation of rights between the Defendant who is the party to the lawsuit in this case and the third party, or between the occupants, who are the party to the lawsuit in this case. However, the mere evidence submitted by the Plaintiff alone does not constitute an effective and appropriate means to determine the above legal relationship.
Therefore, the above claim that the Plaintiff does not have interest in confirmation is unlawful.
2. Part concerning the election of the representative of each building with respect to the seven elections; and
A. In a case where there is a reason in violation of the law in the election procedure of related legal principles, the relevant election does not become null and void merely due to the reason in violation of the law, and it is recognized that the freedom and fairness of the election, which is the basic ideology of the election, is considerably infringed and thereby has influenced the result of the election, by obstructing the vote by free judgment of electors due to