동대표후보등록무효결의무효확인 등
1. Of the judgment of the court of first instance, the part concerning the claim for election expenses and redemption of election allowances shall be revoked, and the judgment of the court of first instance shall be revoked.
1. The reasons why this Court should explain this part of the basic facts are as follows: “Witness” of the part concerning the reasons for the judgment of the court of first instance under Article 420 of the Civil Procedure Act is the same as that of paragraph 1, and thus, it cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on this safety defense
A. 1) Defendant’s claim to nullify the invalidation of the candidate’s registration invalidation resolution is the past legal relationship that the Plaintiff lost its status as a candidate according to the 104 representative representative election commission’s 104 representative election commission of the instant apartment, and even if it had an impact on the present legal relationship, it is merely a premise for resolving the claim to nullify the invalidation of the 104 representative election for the 8th representative election for the formation of the 8th representative representative council of the instant apartment complex, which is separately sought by the Plaintiff, and thus, the claim to nullify the above candidate’s registration invalidation resolution is unlawful as there is no benefit of confirmation. However, even in the past legal relationship, the lawsuit to confirm the relevant legal principles is allowed to eliminate risks or apprehensions relating to the present rights or legal status. However, even if it has an impact on the present rights or legal status, and it is deemed as an appropriate means to confirm the
(See Supreme Court Decision 2010Da36407 Decided October 14, 2010). According to the statement in Gap evidence No. 1-1, the defendant set the term of office of the representative for each Dong on October 23, 2013 and publicly announced the election of representatives for each Dong on December 31, 2015, the term of office of the representative for each Dong on October 1, 2014 through December 31, 2015 can be recognized. According to such recognition, even if the election of the representative for each Dong Dong 8, 104, becomes invalidated and re-election is conducted within the above term of office, it is against the plaintiff.