당선무효확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 22, 2017, the Defendant is a student local government organized pursuant to the school juristic person F’s school regulations, and the election commission under the Defendant’s control (hereinafter “election commission”) held an election to elect the president of the 38th class total student group and the vice president of the total student group (hereinafter “instant election”). On November 22, 2017, the instant election was held as the candidate for the chairman and vice president No. 1, D, E, and No. 2, as the candidate for the Plaintiff and G, respectively.
B. As a result of the ballot counting of the instant election, D, E, 1,954 votes, the Plaintiff, and G obtained 1,971 votes, respectively, and the invalid votes were added to 231 votes.
The election commission, on the ground that the number of votes obtained by both candidates was fit, has obtained the inspection (hereinafter “the first inspection”) from both candidates’ consent, and as a result, obtained the inspection (hereinafter “the first inspection”) by D, E, 1,934, the Plaintiff, and G, respectively, and 1,903 marks, and the invalidation marks were aggregated to be 319 marks. Accordingly, the Plaintiff and G demanded the re-inspection of the votes obtained by D, E, and the second inspection marks implemented accordingly (hereinafter “the second inspection marks”) and added up to be 335 marks.
C. Accordingly, on November 23, 2017, an election commission prepared a written confirmation of the result of the above final ballot counting (Provided, That the date of preparation is indicated as November 22, 2017), sent to the president of a Cuniversity a letter of “election result and notice of election” accompanied by the said written confirmation of the result of the election, etc., and received certification as to the same, and issued a public notice of the election as elected person on December 12, 2017, and E as elected person. < Amended by Act No. 15117, Nov. 29, 2017>
[Ground of recognition] Facts without dispute, entry of evidence Nos. 10, 14, and 15, the purport of the whole pleadings
2. The Plaintiff’s argument during the election of this case constitutes a serious illegal cause as follows, and thereby, the freedom and fairness of the instant election is remarkable.