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(영문) 부산지방법원 2017.09.13 2016가합52114

당선무효확인청구의 소

Text

1. On November 22, 2016, the election of the president at the election of the representative of occupants of the apartment building B in Busan Northern-gu.

Reasons

1. Basic facts

A. On December 23, 2015, the term of office of Nonparty C, who was the chairperson of the Defendant, was expired, the Defendant decided to hold an election at which the next president was elected. Nonparty D, the representative of each Dong Dong 209 and Nonparty E, the representative of each Dong 210 Dong, was a candidate for the president.

B. Some of the occupants of the apartment B (hereinafter “the apartment of this case”) filed a false academic background record on the candidate D and the suspicion of receiving money and valuables, and demanded the withdrawal from the candidate. The chairman of the election commission of this case was the non-party to the election commission of this case.

F. The election commission of this case (hereinafter referred to as the “instant election commission”).

The election procedure was suspended.

C. When the Defendant’s president was a vacant position due to the suspension of election, the Defendant, on December 29, 2015, elected the Plaintiff as the president acting for the president, and recognized that there was an act of neutrality of the instant election commission, the instant election commission was dissolved and decided to organize a new election commission.

On November 11, 2016, the instant election commission sent a document stating that “The election commission will resume the election suspended on November 11, 2016,” and that “the case of confirming the admission according to the election of the chief of the sixth tenant representative council,” upon inquiring D and E as to whether he/she resigns or accepts a candidate, and on November 16, 2016, the election commission sent to D and E a document stating that it would give up the candidate’s candidate’s candidate’s candidate acceptance

E. On November 16, 2016, D delivered the letter of acceptance of the candidate to the instant election commission via the head of the instant apartment management office, but the instant election commission rejected receipt on the ground that it was submitted after the completion of the business of the management office.

F. On November 18, 2016, the instant election commission recognized that the candidate voluntarily renounces the candidate, while recognizing that it did not receive twice a document asking whether D has accepted the candidate. As such, the instant election commission made an election announcement to make E as a sole candidate.