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(영문) 서울서부지방법원 2016.10.13 2016가합33622
당선무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts below the basis of facts may be found either in dispute between the parties or in Gap evidence Nos. 1 and 3, taking into account the whole purport of the pleadings.

An incorporated association D (hereinafter referred to as "D") is an incorporated association with the purpose of expanding the rights and interests of older persons, promoting the welfare of older persons, and promoting friendship among their members, and the defendant is a non-corporate association comprised of members E residing in E among the D members.

B. On March 12, 2014, the Defendant: (a) held a president election (hereinafter “instant election”); and (b) Nonparty C and F left as a candidate for the said election; (c) as a result of voting, Nonparty C and F obtained 40 votes and F were elected as the president.

C. The Defendant-affiliated consists of 25 autonomous Gus, and all 80 persons including 25 branch presidents of 25 branch presidents of 25 branch presidents of 25 branch presidents, 50 site presidents of 50 branch presidents of D federation and 5 directors of D federation.

The following are parts of the regulations on the election of the heads of various levels of D and the election management (hereinafter referred to as the "election management regulations") applicable to the election of this case.

Article 25 (Prohibition of and Restriction on Election Campaign) (1) A candidate, election campaign worker, or elector shall not engage in any of the following conduct in connection with an election:

1. Slandering, bruting or spreading any false information on candidates;

4. An act of demanding, offering, or promising to offer money, goods, entertainment, food, property interest, or public or private position in connection with an election. Article 45 (Disposition in Violation of Provisions) (1) When a person, such as a candidate, election campaign worker, elector, or nonmember, is deemed to have influenced the result of the election, by recognizing an obvious evidence on which an illegal election campaign was carried out in violation of this provision, the commission may take any of the following dispositions

1. Warning for disclosure;

2. Nullity of candidate registration;

3. Nullity of election;

2. The plaintiff.

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