Text
1. We affirm that the Defendant’s election of the Chairperson held on October 23, 2019 by the Defendant is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
Basic Facts
The plaintiff is the tenant of the B Apartment-si apartment (hereinafter referred to as the "multi-family apartment in this case"), and the defendant is an autonomous council composed of the occupants of the above apartment.
Since the former president of the Defendant resigned on August 30, 2019, the Defendant set the following regulations with the consent of the chairman of the election management office (hereinafter referred to as the “instant apartment management office”), the candidate C, and D (hereinafter referred to as the “instant regulations on the election management”), in order to hold the Defendant’s autonomous president election (hereinafter referred to as the “instant election”).
In the case of the voting management members of the apartment of this case, there is no right to vote, and where there are several persons, voting shall be made once.
A voter shall become the Chairperson, who has more than a majority of 110 votes only for 110 households.
Where a majority or more vote is held, the ballot paper, the head of the Dong/Dong, and the head of the Dong/Dong, shall be immediately discarded.
The date shall be fixed again in one month under an agreement of candidate.
Two candidates' agreement: At the end of 20 p.m. voting, at least 110 votes, the number 1, 2, and 3 persons in charge of accounting shall vote the ballot counting at the same place, and shall reduce the election of the new chairperson.
On October 23, 2019, the Defendant run the instant election as a candidate for C and D on October 23, 2019, and publicly announced as follows on November 7, 2019, and elected C as a representative of the Defendant’s autonomous president.
Among 207 households, 103 households have participated in voting.
As a result, I will publicly announce that the C candidate No. 61, No. 61, No. 2, No. 41, 1, 103, 1, 103, the largest number of candidates, was the Chairperson.
In consideration of the fact that it is three-time public announcement of invitation of the head of the autonomous council in accordance with Article 84 (Trade Practice) of the Management Rules, not less than two candidates under Article 12 (Methods of Election) of the Multi-Family Housing Management Act shall be elected from among the candidates.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, 9, and Eul evidence 2 to 5.