(영문) 부산고등법원 2019.09.04 2019나52259

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(영문) 부산고등법원 2019.09.04 2019나52259

당선무효확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. The second 13-15th 15th 2th 13-15th son of the judgment of the court of the first instance (hereinafter “instant pledge”) part is as follows. C candidate means a pledge that “If the election is held on May 9, 2018, the Defendant’s members will equally distribute a reserve of KRW 23 billion to the members of the Association, which is accumulated in the E-cooperative operated by the Defendant (hereinafter “Ecooperative”), around May 9, 2018.”

) The text of the official gazette in question (hereinafter referred to as “instant text of the official gazette”) is written.

."Distribution."

(b) add the following to the third third third decision of the first instance:

1. Slandering a candidate, brutating him/her or her with a false fact;

C. The phrase “B No. 6” is added to “founded grounds” that the fourth 19-20th 19-20th of the judgment of the first instance court.

The following arguments shall be added at the fifth fifth and seventh of the judgment of the first instance.

No. 43 of the election day before the election day, "No. 3 of the election day" distributed illegal inducements with false facts that D candidates offer money and entertainment to union members for the purpose of following the candidate at night D, thereby violating Article 28 subparagraph 1 of the election regulations.

(e) from the sixth 15th sentence of the first instance court to the seventh 13th sentence are as follows:

In full view of the overall purport of the arguments and arguments, prior to whether the instant pledge violates Article 28 subparag. 4 of the instant election regulations, I declare the pledge to distribute KRW 23 billion to the members of the E Association when the instant title is elected.

E. The E.I. has been promoted as part of the business of the E.I.

참조조문

-민사소송법 제420조

유사 판례

-부산지방법원 2019.02.14 2018가합759

-의정부지방법원 2015.01.16 2014나8159

-서울고등법원 2017.04.13 2016누76475

-서울고등법원 2016.04.14 2015누56238

-서울고등법원 2015.12.04 2014나53679