beta
(영문) 서울중앙지방법원 2019.06.28 2019가합31

후보자지위 확인의 소

Text

1. The plaintiff's lawsuit against the defendant B apartment election commission shall be dismissed;

2. The plaintiff defendant B apartment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative of each building of Jung-gu Seoul Metropolitan Government Jung-gu (hereinafter “instant apartment”) who was elected in the election of the representative of each building on September 28, 2018.

The council of occupants' representatives of Defendant B Apartments (hereinafter referred to as the "Defendant's representative council") is an organization composed of representatives of each Dong elected by the occupants of the apartment in this case.

B. The Plaintiff’s registration and election campaign 1) Defendant B apartment election commission (hereinafter “Defendant B apartment election commission”)

(1) On October 30, 2018, the instant apartment is deemed to be an election for the chairperson (one chairperson) and two auditors (two auditors) of the 10th council of occupants’ representatives of the instant apartment building (hereinafter “instant election”).

(2) On November 13, 2018, the Plaintiff publicly announced the election of officers to inform that the period of registration of candidates is from November 2, 2018 to November 3, 2018, and that the period of election of candidates is from November 4, 2018 to November 12, 2018. (2) The Plaintiff completed the registration of candidates for the chairman of the council of occupants’ representatives in accordance with the said public notice.

On November 3, 2018, the Defendant Election Commission announced that D and the Plaintiff were registered as a candidate for the Chairperson.

3) The Plaintiff posted the Plaintiff’s promotional materials and their copies printed through a printing office from November 8, 2018 to November 11, 2018. C. Around November 12, 2018, the Defendant Election Commission collected the Plaintiff’s election campaign material on the ground that the Plaintiff’s official seal affixed on the promotional materials distributed by the Plaintiff was not that of the official seal used by the Defendant Election Commission. The Plaintiff, upon finding it in the instant apartment management office, did not clarify any reason different from the official seal of the election commission.

2. The defendant Election Commission's official seal used by his/her own on the same day has been proved not to be used by the election commission.