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(영문) 인천지방법원 2015.10.27 2015가합3637

당사자지위확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 10, 2015, the Incheon Dong-gu B apartment (hereinafter “instant apartment”) (hereinafter “instant apartment”) was elected as a candidate for the Plaintiff, C, and D, who was elected as the same representative, from the 8th Dong representative election implemented on May 10, 2015, and on May 22, 2015, and on May 23, 2015, and on May 23, 2015, the Plaintiff 313 marks, C, 292 marks, and D, and the Plaintiff was the largest number of votes.

B. On May 22, 2015, when the instant election was held on May 2, 2015, the Plaintiff, C, and E, a candidate for the Dong Dong Dong Dong 113 apartment, filed an objection to the effect that D had no candidate for the Dong representative, on the ground that D had failed to pay the apartment management fee for at least three months and was elected as a candidate for the Dong representative even though he had a reason for disqualification.

C. On May 26, 2015, the instant apartment election commission (hereinafter “election commission”) issued a public notice of “the reservation for the confirmation of the election of the representative of occupants’ representatives” with the purport that “to request the Dong-gu Incheon Metropolitan City Office for authoritative interpretation and to lose the qualification of candidates according to the result of reply, to determine whether the Plaintiff and C violated the Election Act, and to confirm the re-election of the representative of the Dong-gu Incheon Metropolitan City,” and accordingly, requested the community service center to verify whether each candidate is the head of the election campaign team in order to send an interpellation to the Dong-gu Incheon Metropolitan City Office and to verify other problems in the election

Since then, the election commission shall confirm the reply of the Dong-gu Incheon Metropolitan City Office that the F is in office as the head of the Ban for at least three consecutive months, and shall hold a meeting to hear the opinions of each candidate and E on June 1, 2015. On June 1, 2015, the election commission held a meeting to hear the opinions of each candidate for the election of this case and E, and on June 8, 2015, the election of the head of Dong-gu 8 shall be ① the qualification of the representative of the Dong candidate, ② the restriction on the qualification for the head of Dong-gu Office, ② the objection provision of the Plaintiff's