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(영문) 서울중앙지방법원 2017.04.26 2016가단5050828

손해배상(기)

Text

1. The Defendant’s KRW 1,00,000 as well as 5% per annum from March 29, 2016 to April 26, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant are multi-family housing of 960 households in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant apartment”)

2) The council of occupants' representatives of the apartment of this case decided to elect the 19th chairman as the term of office of the 18th chairman expires on March 31, 2015.

3) The instant apartment election commission (hereinafter “election commission”)

The election commission was composed of E, Election Management Members F, G, H, and I. On March 3, 2015, the election commission is an election of the chairman and auditor of the council of occupants’ representatives (hereinafter “instant election”).

(B) On March 5, 2015, the Plaintiff, the representative of the Dong 113 unit of the Plaintiff’s educational background, entered the “final academic background” in the “final academic background” column for the application for the registration of candidates for the president, submitted a public notice for the registration, and obtained the candidate registration.

However, in fact, the Plaintiff graduated from J High School and completed the management course of the Reduced University, and did not have graduated from the graduate school of the Reduced University.

2) On March 9, 2015, the Election Commission publicly announced the Plaintiff as a sole candidate for the president. The aforementioned final announcement stated the Plaintiff’s academic background as stated in the Plaintiff’s application for candidate registration as “J high school graduate and graduate from graduate school management graduate school at the Reduced University. 3) On March 13, 2015, the occupant of the instant apartment raised the suspicion that the Plaintiff’s academic background was false as stated in the said candidate’s final announcement.

The Plaintiff, around that time, notified the election commission of the fact that the Plaintiff’s educational background was erroneously recorded, and attempted to correct the “gradation from the management graduate school of Indian University” to “Completion of the course of course of management

On March 13, 2015, the Chairperson of the Election Management Committee received these matters from the President of the Election Management Committee E, on which the Plaintiff voluntarily revised the academic background on the ground that the election is imminent and the next day is Saturday.