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(영문) 의정부지방법원 2015.10.08 2014가합7688
자격부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The apartment B (hereinafter “the apartment in this case”) is an apartment that consists of 1862 households.

On December 30, 2013, the Plaintiff was elected as the chairman of the 3th election commission of the apartment of this case, and its term of office began from January 1, 2014.

B. On January 15, 2014, the council of occupants’ representatives of the instant apartment, which held a public hearing for residents, sought consent of the occupants, etc. on the immediate dissolution and reorganization of the election commission, and thereafter, about 960 residents agreed to the dissolution and reorganization of the election commission.

C. On January 24, 2014 and May 20, 2014, the council of occupants' representatives of the instant apartment complex constituted a single act with the head of the management office and the chairman of the former election management committee, and some members were not qualified as members of the election management committee. The council of occupants' representatives publicly announced dissolution of the election management commission on the ground that it rejected a request for examination of qualifications as members of the council of occupants' representatives and a request for inspection of the candidate's advance election campaign.

On May 20, 2014, E on behalf of the chairperson of the apartment council of occupants' representatives of this case openly recruited election management members on or around May 20, 201, and accordingly, the fourth election management commission, which was newly organized on or around May 28, 2014, announced the election of executives of the council of occupants' representatives on June 4, 2014.

The detailed contents are as follows:

1. The number of elected persons, one chairperson of the term of office, one auditor, and the term of office: From June 13, 2014 to December 31, 2015;

2. Election period: From June 4, 2014 to June 12, 2014;

3. The period and place of candidate registration: The registration place from June 4, 2010 to June 18, 2014: Election Commission and the management office (baility).

6. Voting schedule and method: Voting method from 08:0 on June 12, 2014 to 21:30 on a house-to-house visit voting.

E. According to the foregoing public notice, C independently registered as a candidate for the president, D as a candidate for the auditor, and the council of occupants' representatives of the instant apartment complex implemented on June 12, 2014.

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