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1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Southern District Court 2013 tea 17387.
Reasons
1. Facts of recognition;
A. The Plaintiff is the council of occupants’ representatives comprised of C apartment occupants in Yangcheon-gu Seoul, and the Defendant was the chairman, the representative of the Plaintiff from August 19, 2012.
B. On May 2012, the 14th council of occupants’ representatives and the president of each Dong, the Plaintiff organized an election commission in order to hold an election to elect the representatives of each Dong, the president of each Dong, and the auditor according to the relevant statutes.
The Election Commission on May 19, 2012
5. 29. Around June 1, 2012, a meeting to discuss the methods and procedures for the election of executive officers, such as the president, passed a resolution that “if there is any falsity in the academic background, career, etc. of the candidate’s application, the election shall be invalidated.” The public notice to the same purport was posted.
2 The defendant, non-party D, and E were recruited as the candidate for the chairperson in the election of the plaintiff's executive officers, and among them, the defendant obtained 340 votes from the total number of 689 votes in the election of executive officers conducted on June 15, 2012 and won the plaintiff's chairperson.
On June 16, 2012, the Plaintiff Election Commission publicly announced that the Defendant was elected to the Chairperson, and issued a certificate of election to the Defendant on June 18, 2012.
6. 29. A public announcement was made to the effect that the Defendant’s president’s election is reserved on the ground that the academic certificate was not disclosed.
C. On August 6, 2012, Nonparty D’s invalidation confirmation of the Defendant’s election (i.e., the Defendant’s election invalidation confirmation) was filed against the Plaintiff on August 6, 2012 by Seoul Southern District Court Decision 2012Gahap14877, which is the lawsuit seeking confirmation of invalidity of the chairman’
(2) On the other hand, Nonparty D’s claim was dismissed on November 23, 2012 in the instant lawsuit, but the Seoul Southern District Court (Seoul Southern District Court 2012Kahap559) filed an application against the Defendant for a provisional disposition suspending performance of duties until the judgment on the merits of the instant lawsuit became final and conclusive, but the Defendant’s application for candidate registration filed by the Defendant on August 14, 2013.