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(영문) 서울중앙지방법원 2019.02.13 2018가합549423

선거무효 확인

Text

1. Ascertainment that an election of the chief executive officer of the 32th Assembly held by the Defendant on September 27, 2016 is invalid.

2. Of the costs of lawsuit.

Reasons

Facts of recognition

A. The defendant is a religious order as a senior religious order, the members of which consist of ordinary letter, usual letter, executive officers, private directors, and traders. The defendant's council is organized into a general meeting and its subordinate organizations, annual council, local council, district council, and party council. The president of the general assembly supervision is the chief executive officer who exercises overall control over administration as the defendant's representative, and the annual director, the highest executive officer, represents the relevant annual council and takes overall control over its business and administration.

B. On September 27, 2016, the Defendant carried out an election of the president of the general assembly supervision committee (hereinafter “instant election”), and C obtained 2,587 votes from 2,587 and obtained 120 votes more than D (2,467 votes) and was elected as the president of the general assembly supervision committee (hereinafter “the president of the supervision committee”).

C. The plaintiff is the elector of the instant election, who is the E-Council F church member belonging to the defendant, and is the elector of the instant election.

The parts related to this case among the principal of the defendant's doctrine and the principal of the party (hereinafter referred to as "the principal of this case") are as follows:

Part IV Council Act [370] The duties of local councils (local councils) Article 50 (Duties of local councils) shall be as follows:

(13) The representatives of the Bupyeong-do who are required to attend annually shall be elected as follows:

1. The representative of the ordinary course of the annual meeting shall be elected in the order of the years in which the president is appointed from among the ordinary course of the meeting held in that local council each year, and in which there is no senior officer, the senior officer appointed shall be elected in accordance with the number of years in which the senior officer is appointed: Provided, That the executive members of the annual meeting, the president of the male and female council of the regular meeting, the principal of the school group of the local council of the local council, and the president of the local council of the local council shall be ex officio, and except where the qualification holder is unable to be elected due to the lack of qualifications pursuant to Article 4 (Principle of Organization of Each Council and Committee) of the Assembly Act, the representatives of the annual meeting and

2. The representative of the credit council of the local council shall be the same number of incumbent regular members belonging to the relevant local council;

3.The election of the representatives of the ordinary Do shall be elected in consideration of the number of regular members and the number of members in each district, but all the procedures for the election shall be taken into account.