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(영문) 서울동부지방법원 2015.04.16 2014가합10845
선거관리위원회해산동의효력정지 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by I [ Address: Seongdong-gu Seoul, J, No. 105 Dong 106 (A Apartment)].

Reasons

1. Basic facts

A. The Defendants are the occupants of A apartment in Seongdong-gu Seoul Metropolitan Government (7 Dong Dong 822, hereinafter “instant apartment”) and the remainder of the Defendants except Defendant H (hereinafter “Defendant 6”) and K are the representatives of the instant apartment by Dong 13 (term of office: up to December 31, 2015).

B. On March 2013, an election commission consisting of five members, including I, from among occupants and users of the instant apartment (hereinafter “occupants, etc.”). On April 10, 2013, I was elected as the chairperson.

C. On September 3, 2014, the election for the election of the chairman of the 13th council of occupants’ representatives was held on the instant apartment on September 3, 2014. The election management members, including I, did not vote on the grounds that K among two candidates (K and Defendant B) raised a question about the fairness of voting.

Therefore, the council of occupants' representatives of the apartment in this case decided to ask the occupants' opinions on the dissolution of the Election Commission (Dismissal of all members of the Election Commission) with the consent of Defendant 6 other than K among the seven members, and around September 18, 2014, a majority (517 households among 822 households) of the result of voting against the occupants, etc. were approved, and the notification of dismissal was given to I, etc. on September 22, 2014.

E. Defendant 6 obtained the written consent of the tenant, etc. in order to dissolve the Election Commission is null and void due to serious defects in the procedure and content. During that process, the Defendants destroyed the honor of election management members by spreading false facts. As such, the Defendants are obligated to pay consolation money to the election management commission (i.e., five members x 10 million won per person). On behalf of the Election Commission, they filed the instant lawsuit on September 22, 2014 under the name of the Election Commission.

[Evidence] Facts without dispute, Gap evidence Nos. 3, 5-10 to 16, 33, 34, 10-5, 6, 7, 26, Eul evidence Nos. 3, and the purport of the whole pleadings

2. This.

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