조합장 당선무효 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a cooperative established for the purpose of implementing a housing redevelopment improvement project in Michuhol-gu Incheon E members, and the plaintiff is a member of the defendant.
B. On January 24, 2018, the Defendant issued a public notice of registration of a candidate for the head of an association (association head, director, auditor) and a representative candidate, setting the registration period from January 29, 2018 to February 12, 2018, for the recruitment of executives and the additional election of representatives following the expiration of the term of office of an association’s executives. The Defendant completed the registration of a candidate for the head of the association, who was the head of the association at the time of the Plaintiff and C at the time.
Paragraph (4) of the notification of the registration of a candidate for a union head provides that "A person who intends to run as the head of a cooperative shall submit a letter of recommendation of a candidate with the seal of 30 or more members (in case of a double recommendation)," with regard to the registration of a candidate for a union head.
C. On May 28, 2018, the Plaintiff recommended the Defendant, C, and F and G, which already recommended the Plaintiff as a candidate for the president of the partnership, recommended C itself as a candidate for the president of the partnership. Ultimately, if F and G were to make duplicate recommendations for candidates for the president of the partnership, the candidates for the president of the partnership were to obtain 30 or more recommendations from the president of the partnership, and the above actions of C, which are well aware of the impossibility of duplicate recommendations, were to lose the Plaintiff’s eligibility as candidates for the president of the partnership by making the F and G recommendations null and void for the Plaintiff and lose the Plaintiff’s eligibility for the president of the partnership. Accordingly, C requested revocation of registration on the ground that they constitute a violation of the Defendant Election Management Regulations.
On May 29, 2018, H, the chairman of the Defendant Election Commission, at the time, urged C to vindicate the suspected violation of the above Election Act by June 2, 2018. On June 4, 2018, H notified that the election commission should hold the election commission on this issue. On June 4, 2018, H held an election commission on June 4, 2018 and heard the allegations and statements of the Plaintiff, C, F, and G, after hearing the arguments and statements of the Plaintiff, C, and C on June 5, 2018.