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(영문) 부산지방법원 2019.12.05 2019가합43951
당선자지위부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The defendant is a corporation established with the aim of promoting friendship between E through mutual aid in accordance with the Act on Organizations B, improving the rights and interests of its members, and contributing to the development of the State and the promotion of the public interest. The plaintiff was a person who was sent to the 28th Chairperson Election of Busan City Council (hereinafter referred to as “the election of this case”) held on April 9, 2019 by D organizations (hereinafter referred to as “ Busan City Council”), and the defendant’s assistant intervenor is a person who was elected as the chairperson in the election of this case.

B. 1) At the time of the instant election, 69 persons, including the Plaintiff and the Defendant’s Intervenor, F, etc., were in the first ballot of the 72 members registered at the general meeting, and the Defendant’s Intervenor did not have a majority of the 27 marks and the Plaintiff and F obtained 13 marks, respectively, and the second ballot of the Defendant’s Intervenor and the 2nd Plaintiff and F, who were joint with the Defendant’s 1st order of the majority votes, were held with the 67 members present. As a result of the ballot counting, the second ballot of the 67 marks was held with the 67 members present, and the Defendant’s Supplementary Intervenor obtained 31 marks, the Plaintiff’s 20 marks and 16 marks, and the Defendant’s 20 marks and 16 marks were carried out for the said 3rd voting for the said 3 members.

3) The third run-off voting was conducted with 66 members present, and as a result of the ballot counting, the supplementary intervenor obtained 34 votes, the plaintiff 20 votes, and the F 12 votes among 66 votes. 4) The chairman of the Busan City City election management commission declared that the supplementary intervenor, who obtained the consent of a majority of the members present in the third run-off voting, was elected as the chairman of the Busan City/Do Council.

C. Relevant provisions of the articles of incorporation and election management regulations of the defendant are as follows.

Article 25 (Composition of City/Do Council and Branch Assembly) (2) Regional representatives shall reside or belong to the respective Si/Gun/Gu Council and the joint branch council belonging to the relevant City/Do council and branch council within the jurisdiction of each Si/Gun/Gu council and the joint branch council.

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