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(영문) 대구지방법원 2015.08.28 2015가합202005
당선무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Hosan City B apartment was originally a rental house, and was converted for sale in lots due to the expiration of the rental period. The Plaintiff is an occupant who acquired ownership of the above apartment as of February 6, 2015, and the Defendant is the council of occupants' representatives of the above apartment.

B. On February 26, 2015, the election commission of the said multi-family housing publicly announced an election to organize the first council of occupants' representatives on the basis of relevant statutes after conversion for sale in lots, and registered C, D, and E and F as a candidate for the chairman of the council of occupants' representatives. The chairman C brought some of the registration documents of candidates for auditors kept by the management office, which were kept by the audit office, to return to the candidate himself.

C. Accordingly, on March 4, 2015, the election commission of the above multi-family housing decided to invalidate the registration of a candidate on the grounds of “act of chilling and interference with election” against C, and decided to present the representative of each Dong to the council of occupants’ representatives as the agenda of the council of occupants’ representatives

3. 5. The election commission submitted to the election commission a candidate resignation statement stating that “I wish to resign from office for the president of the council of occupants’ representatives due to personal reasons.”

On March 8, 2015, D was elected as the Chairperson in the election of executive officers of the council of occupants' representatives (hereinafter referred to as the "election of this case"), which was implemented on March 8, 2015, and 113 votes among 720 voters were elected as the Chairperson.

(e) The main contents of the B apartment management rules and the regulations of the Election Commission are as follows:

[Management Rules] Article 25 (Procedure for Convocation of Meeting) (1) When the chairman intends to convene a meeting, he shall notify in writing the representative of each Dong of the date, time, place, and agenda at least five days prior to the meeting, and the managing body shall disclose it on bulletin board and the Internet homepage of multi-family housing (limited to the case of establishment

except that the meeting shall be convened for the same purpose; or

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