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(영문) 대전지방법원 2015.08.26 2015가합100772
입주자대표회의회장당선무효결정무효등확인
Text

1. The council of occupants' representatives held by the election commission to which the plaintiff belongs, on January 28, 2015.

Reasons

Basic Facts

The plaintiff is a resident of Seo-gu Daejeon apartment, Seo-gu, Daejeon, and the defendant is a non-corporate council of occupants' representatives consisting of representatives from the above apartment buildings.

On January 8, 2015, the Plaintiff was candidate C with the Defendant’s election of the Chairperson (hereinafter “instant election”).

On January 8, 2015, the Election Commission (hereinafter “Election Commission”) which is an institution in the Defendant (hereinafter “Election Commission”) held the instant election, and the Plaintiff, among 1,650 total number of electors, obtained 254 votes higher than 196 votes obtained by the candidate C, was decided as the elected person.

On January 23, 2015, C, a resolution for invalidation of election against the Plaintiff, filed an objection with the Chairperson on the ground that the Plaintiff violated Article 18 of the Election Management Regulations in relation to the instant election.

On January 28, 2015, the election management commission received six copies of the written confirmation of resident status regarding the confirmation of the summary of election campaign, and made a resolution with the effect that, on January 8, 2015, five members of the election committee who participated in the election were decided to invalidate the decision of election of the chairperson of the council of occupants' representatives and to hold a reelection on January 8, 2015 (hereinafter referred to as "the resolution of this case"), on the following day, on the grounds that all members of the election committee No. 1 C were subject to prohibited acts under Article 18(3) of the Election Management

On January 29, 2015, the date of the public announcement of the above resolution, the Chairperson publicly announced that an indirect election shall be held in accordance with the management rules if the candidate is not registered from January 29, 2015 to February 2, 2015, the registration period for the re-election of Defendant Chairperson.

On February 9, 2015, the defendant planned to conduct an indirect election to appoint the chairperson of the defendant around February 19, 2015.

However, on February 2, 2015, the Plaintiff issued this Court No. 2015Kahap5024 against the Defendant.

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