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(영문) 창원지방법원통영지원 2020.09.10 2020가합90
선거무효확인
Text

1. Ascertainment that the election of the head of B village held by the Defendant on February 17, 2020 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Facts of recognition

The defendant is an organization consisting of 373 residents of 213 households living in Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun (as of February 17, 2020). The plaintiff is a resident born and residing in the village B and transferred his domicile to B around October 7, 2019 after moving his domicile to other area.

The defendant opened a meeting on February 6, 2020 and decided to hold a general meeting of the defendant on February 17, 2020, and the above general meeting decided to elect a new president due to the expiration of the term of office of this Chapter D through a bearer vote at the above general meeting.

Around February 8, 2020, the Defendant posted a notice of announcement (hereinafter “the notice”) to notify the implementation of the instant election for the head of the village B (hereinafter “the instant election”) as follows.

B A public announcement of the invitation of candidates for the head of the village B shall be made as follows in order to elect the head of the village B.

The date and time of registration of candidates: The voting day from February 10, 2020 to February 14, 2020 (5 days) of this Chapter: The candidate qualification for a village general meeting on February 17, 2020.

1.is 30 years of age or older who reside in the village B as of the date of the public announcement;

Division with a strong spirit of service and with residents' confidence;

2. Documents attached to the election commission (Chairperson E): One copy of resident registration, and the Plaintiff of the Village Election Commission on February 8, 2020, which sought to register as a candidate for the instant election, but the Plaintiff waived the Defendant’s election management chairperson’s response that the Plaintiff did not reside in B village for at least five years, and F and G registered as a candidate for the instant election. Of B village residents, F and G registered as a candidate for the instant election.

In the election of this case, one vote was recognized for each household of the village, and the total of 57 households participated in the election of this case, but G 35 votes and F 20 votes respectively except the invalid 2 votes, and the defendant publicly announced G as the elected person of this Chapter.

The defendant has its own rules.

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