선거무효확인청구의 소
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except for adding the judgment of the court of first instance as set forth in the following 2. Thus, this is cited in accordance with the main sentence of
2. The following shall be added after the 11th day of the judgment of the first instance, which determined the addition of this Court:
The defendant asserts that the above resolution is valid since E has a right to convene a development committee as the chairperson of the defendant's development committee, so E cannot expect self-resolutions of the development committee in relation to the resolution of dismissal of E.
However, Article 20 of the Code of this case provides that "each committee shall convene a committee immediately if the chairperson (including the chairperson of the other committee), the head of the Dong, the auditor, and at least three members of the relevant committee request the committee to convene the committee, specifying the date, purpose, agenda, etc." Thus, even if the chairperson is the chairperson of the development committee, he/she shall request him/her to convene the development committee in accordance with the procedure of the above provision and carry out the resolution of dismissal. However, the resolution of dismissal of E is not effective immediately without going through such procedure.
Therefore, the defendant's argument cannot be accepted.
The following shall be added after the 12th day of the first instance judgment:
3. The defendant was completely cured of the defect in the resolution of this case by the ruling of this case.
Although the ruling of this case is valid, it asserts to the purport that the claim for confirmation of invalidity of the resolution of this case does not have any benefit of protecting rights.
However, Article 34 of the Code of this case provides that "the head of the Development Committee and the chairperson of the finance committee shall act in the order of the head of this Chapter." Article 10 (2) 3 and 4 of the Code of this case provides that "the Dong residents shall act for the head of the development committee in the order of the chairperson of the finance committee."