선거무효확인의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.
1. Basic facts
A. The plaintiff is the tenant of Gwanak-gu, Seoul Special Metropolitan City B apartment (hereinafter "the apartment of this case"), 304 Dong 2501, and the defendant is the council of occupants' representatives comprised of representatives of each apartment of this case.
B. On October 11, 2016, the Defendant’s election commission (hereinafter “Election commission”) announced the election of the representative for each Dong on October 3, 2016, and held the election on November 3, 2016.
The Plaintiff and H opened as the 304 representative, the fifth constituency, and 80 of the total number of voters was 166, and the Plaintiff and H obtained 41 votes and 35 votes.
C. Around November 7, 2016, the Defendant’s election commission determined that the number of voters in the 304 constituency, who the Plaintiff was going to run as a candidate, did not reach a majority of the entire occupants, etc. under Article 11 of the Enforcement Decree of the Multi-Family Housing Management Act, and publicly announced the elected persons in the 8 constituency in the 12 constituency on the same day.
On November 8, 2016, the Defendant’s election commission announced the election of the president and the auditor of the council of occupants’ representatives as a candidate for each Dong, the representative of which was publicly announced as above, and announced the election of the president and the auditor of the council of occupants’ representatives on November 29, 2016 (hereinafter “instant election of executive officers”), and the Defendant’s supplementary intervenor was elected as the president, D, and E as the auditor in the foregoing election.
E. After that, the Defendant reported the formation of the 11th council of occupants' representatives of the apartment of this case with the following contents, and the head of Gwanak-gu accepted the above composition report on December 16, 2016.
Current status of complex: 1,482 term of office: the number of members of the council of occupants' representatives from January 1, 2017 to December 31, 2018: 12: The number of members of the council of occupants' representatives: the number of members of the council of occupants' representatives: Do, E members: I, J, G, K, L.
F. After that, on January 4, 2017, the Defendant Line held a reelection on the same 304 Dong 204, and the Plaintiff was elected as such.
G. On January 25, 2017, the Defendant’s supplementary intervenor and L from the Gwanak-gu Office to the management rules and multi-family housing management rules.