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(영문) 대구고등법원 2019.01.31 2017나24787

지부장 당선자 지위 확인 청구의 소

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The grounds for this part of the basic facts are as follows: ① The part of the election commission of the defendant in the second instance of the first instance judgment "the election commission of the defendant" (hereinafter "election commission") shall be used as "the election commission of the defendant (hereinafter "election commission")"; ② the part of "D at the time D submitted a resignation letter prior to the above resolution" in the third instance to 4-5 of the first instance judgment "D submitted a resignation letter to H as the head of the defendant's secretariat before March 21, 2017, which was the ex officio secretary of the election commission at the time of the third instance judgment, submitted a resignation letter; ③ The part of the election management rules in the second instance of the first instance judgment "the election commission" in the second instance of the second instance and the second instance of the second instance judgment "the election commission" in the second instance shall be deemed as "the election management rules of the plaintiff" in the second instance and the second instance of the second instance shall be deemed as "the election management rules of the court" in addition to Article 39 (1).2).

2. The grounds for this part of this Court’s determination on the defense prior to the merits are as stated in Paragraph 2 of Article 420 of the Civil Procedure Act, in addition to the provision that “election management regulations” under Section 6 of the Decision 7 of the Court of First Instance is stipulated as “instant election management regulations.”

3. Judgment on the merits

A. The gist of the Plaintiff’s assertion 1 is the head of the chapter in the instant election management regulations.