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(영문) 서울중앙지방법원 2017.01.12 2016가합533752
감리사당선무효확인청구의소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

Basic Facts

On April 16, 2015, the Defendant, as an affiliated organization of the F Religious Organization General Assembly, opened a meeting at the Jridge located in Guro-gu Seoul Metropolitan Government I, and held K’s election of inspector under its control (hereinafter “instant election of inspector”).

Defendant Intervenor and Plaintiff A posted the instant supervisor as a candidate for the election.

Article 86(1) of Part III (Election and Appointment of Supervisors) of the F Religious Organizations doctrine and the Head of the Organization (hereinafter referred to as the “School and Religious Organization”) provides that “The supervisors shall be elected by the representatives of regular members and that of ordinary members shall be appointed by local councils, at each local council.” Paragraph (2) of the same Article provides that “The election of supervisors shall be elected from among those who are qualified under Article 84, but shall be elected with the attendance of a majority of the incumbent members and with the consent of a majority of the present members.”

Of 98 incumbent voters, including the plaintiffs who belong to K, 92 of the registered voters, participated in the voting of the instant supervisory company. As a result of the ballot counting, the defendant assistant intervenors obtained 46 marks and 45 marks, and the rest of 1 marks (No. B. 5; hereinafter referred to as the "instant ballot papers") are put on the name of the defendant assistant intervenor as follows:

A H H H

E. The Plaintiff B, as a former supervisor, declared that the Defendant’s assistant participant was elected as K’s supervisor, and notified the Defendant’s supervisor L of his election.

(f) The Defendant’s supervisory L on April 17, 2015 appointed the Defendant’s Intervenor as K’s inspector.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence and Eul evidence Nos. 5 and 6, the gist of the plaintiffs' assertion as to the overall purport of the pleadings, and Part 8 of the election law for the chief supervisor of supervision and supervision. Article 32 (1) 5 of the election law provides that "not recorded in the column for the mark shall be null and void."

The criteria for the invalid list in an election for a supervisor.

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