조합장당선인 지위확인 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts under the basis of facts may be found, either in dispute between the parties or in the entries in Gap evidence 1 to 4, 10, and 19 (including the serial numbers; hereinafter the same shall apply), together with the whole purport of the pleadings.
The defendant is a project implementation district of Eunpyeong-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") and redevelopment cooperatives established pursuant to its articles of incorporation.
B. On February 4, 2016, the Defendant decided to hold a general meeting related to the election of the president of a cooperative at the board of directors, and announced the final decision on March 21, 2016 and announced the candidates for union officers and representatives. The Plaintiff and Nonparty D were standing for the president of a cooperative.
On March 31, 2016, the defendant publicly announced the convening of the general meeting, and thereafter, from around that time, sent each written resolution on the books related to the general meeting and general items and the agenda for appointment to the members by mail.
C. From April 1, 2016 to April 14, 2016, the Defendant received written resolution from its members and held an election for the head of the association (hereinafter “instant election”) as an agenda item No. 6 from the general meeting of shareholders (hereinafter “instant general meeting”) on April 15, 2016. As a result, the Plaintiff obtained 512 votes (i.e., a direct voting 91 votes in writing) and D obtained 516 votes (i.e., a written resolution 421 votes), and 516 votes (i.e., a written resolution 433 votes). The Defendant’s election commission’s chairperson determined D, who is the multiple votes, as the elected person of the association, and publicly announced them.
2. The assertion and judgment
A. 1) The gist of the Plaintiff’s assertion is as follows. In the instant election, the Plaintiff alleged that D was the elected person of the president of the partnership, and that it was invalid based on the result of an erroneous calculation of the number of votes obtained and invalid, and that the number of votes obtained by the Plaintiff exceeds D and the Plaintiff came to be the elected person of the president of the partnership. (A) In relation to the instant election, the Plaintiff’s employees are D.