해임결의무효확인의소
1. Ascertainment that the Plaintiff is in the status of representative by buildings of B apartment 105 to 5 8 Ra.
2. The plaintiff.
1. Basic facts
A. The plaintiff is an occupant of the common apartment in Ansan-si, Ansan-si (hereinafter "the apartment in this case"), and the defendant is the council of occupants' representatives comprised of representatives from each apartment in this case.
B. On August 28, 2016, the Plaintiff filed an application for candidate registration with the Defendant’s election for representatives from each Dong (105 dong 5 to 8 dong 5) and entered the Plaintiff’s career as the Plaintiff’s career matters as the Plaintiff’s “C Superior of the Self-Governing Management Council (25 to February 25, 2014).”
The Plaintiff’s election of the representative of each Dong (hereinafter “instant election”) implemented on September 5, 2016 (hereinafter “the Plaintiff”) was elected as the representative of each Dong. The term of office is from November 1, 2016 to October 30, 2018.
C. On October 1, 2016, the Defendant Election Commission recommended the Plaintiff to submit explanatory materials regarding the entry of career information, and the Plaintiff submitted explanatory materials to the Defendant Election Commission on October 7, 2016.
On October 26, 2016, the Defendant Election Commission decided that the registration of the candidate for the representative of each Dong should be invalidated on the ground that it constitutes “the time a candidate was found to have a weak career and a false academic background” pursuant to Article 9(1)2 of the election management rules of the instant apartment, and publicly announced this to the occupants of the instant apartment.
E. The parts related to the instant apartment management rules (Evidence A No. 4) are as follows.
Article 9 (Invalidation of Registration) (1) In any of the following cases after the candidate registration is completed, the registration shall be invalidated even after the representative of each Dong is selected as the representative:
2. Where the candidate is found to have his medical history and academic background. (2) If the candidate wishes to invalidate the registration under paragraph (1), he shall not submit the evidential documents at the time of requesting them, or give him an opportunity to vindicate them, for a specified period, but if there is no explanation or there is no reasonable explanation, the registration of the candidate shall be invalidated;
(3) A candidate shall be the candidate concerned when his/her registration becomes nullified.