1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 25, 2013, the Defendant’s election commission (hereinafter “instant election commission”) held an election at which the Defendant’s sixth-time council of occupants’ representatives was elected (hereinafter “instant election”).

B. In the instant election, the Plaintiff and C et al. went out, and among the 417 votes that the instant election commission added up as an effective mark C, C obtained 114 votes, and the Plaintiff obtained 113 votes.

C. The Plaintiff asserted that 7 marks were invalid among the ballot papers aggregated with C’s obtained votes on the result of the instant election, but the instant election commission did not accept the said assertion and publicly announced that C was elected as the Defendant’s Chairperson on January 26, 2013, the following day of the instant election.

On January 28, 2013, the Plaintiff filed an objection on the ground that C’s votes, among those obtained by the instant election commission, are clear invalid votes, but not accepted.

E. The provisions pertaining to the instant case in the Defendant’s election commission regulations (hereinafter “instant election commission regulations”) are as follows.

Article 25 (Method of Voting) (1) An election shall be carried out by a secret vote in the bearer form.

(2) A vote shall consist of one person by a direct vote.

Article 37 (Invalid Votes) (1) A vote falling under any of the following subparagraphs shall be null and void:

(i)in which the ballot paper of the regular rules is not used, is put in two.2 or more columns; 3. In which column the mark is not put; 4. in which column the mark is not identified;

5. Where the mark "" is not put, but another letter or mark is drawn up;

6. Where other matters than the mark "" are entered. 7. Where the mark "" is put in with an aid other than the mark "".

1. Where the mark is partially marked, or the inside of the mark is filled, and it is obvious that the mark is put using regular balloting tools, two or more marks shall be put in the column of the candidate;