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On June 26, 2020, the defendant confirmed that the election of the president of the partnership held at the ordinary general meeting of shareholders is null and void.
The costs of lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The status of the parties, etc. is the urban development project association established in order to promote an urban development project in accordance with the Urban Development Act from a member of the Gu and the plaintiff and D are the members of the defendant.
B. On June 26, 2020, around 15:00 on June 15, 2020, the Defendant held a general meeting of 2020 (hereinafter “instant general meeting”) and decided to hold an election at which executives and delegates, such as the president of the partnership, etc., and notified the union members.
(hereinafter referred to as the “instant election”). The instant election was run by the Plaintiff and D with respect to the instant election.
C. The Defendant notified its members that the advance polling mail can be sent up to 18:00 on the day preceding the election day in the Defendant’s office if it is impossible to participate in the instant election because it sealed the instant general meeting and the instant notice of election, written resolution, proxy letter, return bags for advance polling, advance ballot bags for advance polling, and ballot papers. 2) The advance polling envelope for return, the outer envelope for advance polling (hereinafter “the outer envelope”) includes the name, address, etc. of the advance voter.
In the outer envelope of advance polling, an envelope of advance polling (hereinafter referred to as “cloud envelope”) is sealed in a state where the advance polling witness puts his/her ballot paper in the inner envelope, stating the guidance that “if the advance polling witness puts his/her advance ballot paper in the elector’s advance polling station, it is the main time to put the elector’s advance ballot paper, and all other persons’ advance ballot papers are invalid and invalid.”
3 The election commission of the defendant was comprised of five members, including the chairperson, F, G, H, I, and J. However, the chairperson and three members among them are present at the defendant office around 10:00 on June 26, 2020, both the outer envelope and inner envelope of advance polling.