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(영문) 수원지방법원 2019.05.22 2018가합1196
선거무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 4, 2018, the instant apartment election commission (hereinafter referred to as the “Defendant’s election commission”) passed a resolution on the recruitment announcement of candidates in relation to the election of the representative of the instant apartment building 4 units from April 16, 2018 to April 23, 2018, and the relevant election day on May 2, 2018.

In the election of the representative of the above Dong, the plaintiff and E, who are affiliated with the second constituency (C/D Dong) were registered as a candidate on the defendant's ship line.

In relation to the instant election on April 23, 2018, the Defendant Line passed a resolution on April 23, 2018, stating that “The result of the document examination on the candidates for admission does not reach any level, E is determined No. 1, and the Plaintiff was determined No. 2 as a result of the drawing up of signs, and a voting shall be held directly within the convenience facilities

The minutes at the time include the F, Election Management Committee Chairperson, G, H, and I's own signature.

Defendant Line’s vote on May 2, 2018 falls short of the majority, and thus, from May 3, 2018, the voting rate of the election of this case falls short of the majority.

5.4.To extend the election up to 4. to increase the voting rate, voting shall be held at the entrance of the entrance, but when the voting rate exceeds half, voting shall be terminated.

'' has made a resolution on the contents.

On May 3, 2018, the defendant election commission terminated the voting in excess of the half, and confirmed E who obtained a majority of votes as the winner.

【No dispute over the basis of recognition】 In a case where there is a violation of the Acts and subordinate statutes, etc. in the election procedure of the overall purport of pleadings, Gap’s 1,2, 10, 19, 20, 19, and 20, the election does not become null and void solely on the ground that there is a violation of the Acts and subordinate statutes, etc.

(see, e.g., Supreme Court Decision 2009Da100258, Jul. 15, 2010). The Plaintiff’s assertion and judgment are as follows.

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