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(영문) 서울고등법원 2017.04.11 2016나2075792

지위보전

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the portion added to the following:

2. On the 11th page of the first instance judgment, the addition shall add the following:

“The Defendant alleged to the effect that it cannot seek confirmation of invalidity of the resolution of dismissal of this case since the Plaintiffs were unlawfully elected in violation of the principle of secret voting in the first-time election for each building of the apartment complex of this case on August 25, 2014.” Thus, the relevant election cannot be invalidated solely on the ground that there is a reason in violation of the statutes in the election procedure. It does not constitute invalidation on the sole basis of the circumstance that there is a reason in violation of the above statutes, and only if the freedom and fairness of the election, which is the basic ideology of the election, are interfered with the free decision of the electors due to the reason in violation of the statutes, and thereby it is recognized that the result of the election had an impact on the election, the election shall be invalidated (see, e.g., Supreme Court Decision 2009Da10258, Jul. 15, 2010). The Defendant stated the serial number at the time of the first-time election for each building representative of the apartment complex of this case on the ballot paper receipt book, but there is no dispute between the parties.

[Attachment]

3. In conclusion, the plaintiffs' claims are justified, and the judgment of the court of first instance is just, and the defendant's appeal against the plaintiffs is dismissed as it is without merit. It is so ordered as per Disposition.