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(영문) 대구지방법원포항지원 2017.09.08 2016가합11375
당선무효확인청구의 소
Text

1. The decision that the Defendant made C as the elected person of the autonomous president at an election of the autonomous president held on August 10, 2016 is null and void.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is the Nam-gu B Apartment at Port (hereinafter “instant apartment”).

(2) The defendant is an organization composed of occupants of the apartment of this case, which performs the management affairs, etc. of the apartment of this case.

B. Around July 2010, the Defendant’s resident public hearing and the Non-Governmental Committee’s composition 1) D had been reappointed since taken office as the head of the Defendant’s autonomous council, a two-year term of office, and had the expiration of the term on July 5, 2016. (2) The Defendant publicly announced the election procedure for the election of the head of the next autonomous council and publicly announced that the election on July 2, 2016 was held on July 2, 2016, but the following procedures were not carried out. However, there were some claims of some residents who have defects in the announcement and procedure of the election.

3) Since then, the phrase “an amendment of the insolvent rules, an election commission consisting of a further election commission, and an election commission shall be held” refers to the demand of some occupants, and a resident public hearing was held on July 2, 2016 to discuss matters concerning the election of the autonomous council chief. 4) The resident public hearing was held on July 19, 200. The resident witness F was present at the resident public hearing in the above resident public hearing, and the witness E testified that the number of the participants was 60 to 70, but there was no evidence to determine the number of the participants.

It decided to organize an emergency countermeasure committee and carry out procedures for amending the rules of the apartment of this case and for selecting new chairpersons of autonomous councils, and the emergency countermeasure committee consisting of seven residents, following the announcement for the establishment of the emergency countermeasure committee.

5) On July 12, 2016, the said Emergency Countermeasure Committee opened a meeting to elect C as the Chairperson, and C resigned from the office of the Chairperson around August 7, 2016. C. (c) On the ground that E, who was the Chairperson of the instant apartment, was the Chairperson of the Senior Citizens’ Association, the resignation of the Chairperson of the Emergency Countermeasure Committee on August 8, 2016.

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