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(영문) 서울중앙지방법원 2014.08.21 2013가합14434
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. On January 25, 2013, the Defendant’s election commission (hereinafter “instant election commission”) held an election at which the Defendant’s Chairperson is 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 out of the ballot papers aggregated with C’s obtained votes on the result of the instant election were invalid, but the instant election commission did not accept the said assertion, and on January 26, 2013, the following day of the instant election.

A public announcement was made that “C was elected as the chairperson of the defendant according to the result of obtaining votes such as the statement in the paragraph.”

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.

Article 3 (Management of Election Affairs) (1) The election commission of this case shall manage the election affairs in accordance with this provision, the Housing Act and the Apartment Management Rules (hereinafter referred to as the "Rules"), and if not prescribed, the election commission of this case may determine the necessary matters in accordance with the Public Official Election Act or the example of commissioned election by the head of a public cooperative to the extent that it does not go against its nature.

Article 17 (Invalidation of Registration) (1) In any of the following cases after the candidate registration is registered, the registration of the candidate shall be invalidated:

1. The candidate is found to be ineligible for the election;

2. When it is found that the documents under the provisions of the regulations are not submitted, the election shall be held in the secret voting by the recording method.

(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:

1.The ballot paper of the regular ballot paper.

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