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(영문) 서울동부지방법원 2016.11.02 2016가합1128

입주자대표회장보궐선거무효확인

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1. A special election of the president of the council of occupants' representatives held by the Defendant from April 7, 2016 to April 8, 2016 is null and void.

Reasons

Basic Facts

The Plaintiff and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) are the occupants of B Apartment in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “instant apartment”), the Plaintiff is the representative of 203 units, and the Intervenor is the representative of 206 unit.

From April 7, 2016 to April 8, 2016, the Defendant held a special election for the chairperson (hereinafter referred to as “instant election”) from April 7, 2016, and the Plaintiff and the Intervenor were elected as the candidates for the chairperson.

On April 8, 2016, except for the invalid vote 5 in total 711 votes, the Plaintiff obtained 351 votes and 355 votes by the Intervenor, and the number of voters signed on the electoral registry at the time of voting was less than the number of the ballot papers summing up the valid votes and invalid votes.

On April 8, 2016, the Defendant Election Commission publicly announced the Intervenor as the elected person, and the Plaintiff raised an objection against the result of the ballot counting, including the difference between the number of signatures and the number of ballot papers in the electoral registry, but the Defendant Election Commission dismissed it.

(5) The council of occupants' representatives shall elect the following officers from among the representatives of each Dong, with the consent of a majority of its members (referring to the prescribed number of members, but referring to the elected number when two-thirds or more of the members of the relevant council of occupants' representatives are elected; hereinafter the same shall apply):

(6) Notwithstanding paragraph (5), multi-family housing with at least 500 households shall be elected from among the representatives of each building through an ordinary, equal, direct, and secret election for all occupants according to the following classification:

Provided, That where there is no candidate or no person elected after the election, the chairperson and the auditor may be elected by the method under paragraph (5), as prescribed by the management rules.

1. Where candidates are two or more persons: Details of the Enforcement Decree of the election of the persons with multiple votes;

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