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(영문) 대구지방법원 2016.06.30 2015가합205202
입주자대표회의지위확인등
Text

1. As to Daegu Jung-gu apartment complex:

A. Defendant C’s council of occupants’ representatives, the Plaintiff A’s 13 constituency.

Reasons

1. Basic facts

A. The Plaintiffs, Defendant D, and E are the occupants of the Daegu Jung-gu apartment (hereinafter “instant apartment”), and Defendant D is the president of the said apartment council by December 31, 2014.

B. On November 28, 2014, the instant apartment election commission publicly announced that 16 persons, including the Plaintiffs and Defendant E, were elected in the name of the chairman of the election management committee from December 1, 2014 to December 7, 2014 (13 constituency for Plaintiff A and 6 constituency for Plaintiff B) under the name of the chairman of the election management committee.

C. After that, on December 19, 2014, the election of the chairman of the council of occupants' representatives was held on the condition that the Plaintiff A and Defendant E two were run. According to the result of the ballot counting, the chairman of the instant apartment management committee publicly announced that Plaintiff A was decided as the elected person of the chairman. At the time, the head of the management office notified Plaintiff A and Defendant D that “F was present at the management office on January 5, 2015 for the chairman’s hand-over.”

However, on January 15, 2015, the apartment election commission of this case posted a public notice to the plaintiffs and the representatives of each Dong, stating that "the election was invalidated in accordance with the result of the election commission meeting on December 8, 2014." On December 5, 2014, the minutes of the election commission meeting of this case were "A photographs the elector's list on the election day, so it shall be deemed as a violation of the Election Act" and "the case of the head of the management office appointed by the plaintiff B, who raised a problem in the election campaign material, shall be deemed as a measure to avoid the fine due to the vacancy of at least two weeks in the head of the management office of the "management office" and "the case of the illegal withdrawal of the head of the Tong "management expenses", and the minutes of the election commission meeting of December 8, 2014."

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