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(영문) 대전지방법원천안지원 2017.09.01 2016가합102187
선거관리위원위촉무효확인
Text

1. The Defendant’s act of appointing E, F, G, H, I, and J as an election management member of the Dong-dong-gu D Apartment on April 26, 2016.

Reasons

1. Basic facts

A. The Defendant is an organization composed of Dong-dong, Nam-gu, Dong-gu, Seoul (hereinafter “instant apartment”), and the Plaintiffs are the occupants of the instant apartment, who are recommended as members of the Election Commission of the instant apartment (hereinafter “instant Election Commission”).

B. The occupants of the instant apartment pursuant to the Enforcement Decree of the Housing Act and the management rules of the instant apartment (hereinafter “management rules”), but pursuant to relevant provisions, submitted to the Defendant a letter of recommendation stating that the Round of the instant apartment was the Plaintiff A, the Women’s Association of the instant apartment, the Plaintiff B and F, and the head of the Tong Council of the instant apartment as the members of the instant election commission, respectively, pursuant to the relevant regulations.

(C) each of the above recommendations to the plaintiffs, etc. (hereinafter "the recommendation of this case").

K, as the chairperson of the defendant, notified the plaintiffs recommended as above on March 8, 2016, and commissioned E, F, G, I, and J as the members of the defendant election commission on April 26, 2016 through open recruitment procedures for the appointment of election management members.

(hereinafter the above commission act is referred to as the “instant commission act”). D.

The provisions related to this case in the Housing Act, the Enforcement Decree of the Housing Act, the Multi-Family Housing Management Act, the Enforcement Decree of the Multi-Family Housing Management Act, and

Article 43-4 (Prohibition of Cheating) (1) No person who falls under any of the following subparagraphs in connection with the management of multi-family housing shall acquire or provide any property or property benefits:

4. Organization which manages elections for the formation of a council of occupants' representatives and the occupants, etc. under Article 50-2 (Election Management of Representatives, etc. by Building) (1) of the Enforcement Decree of the Housing Act;

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