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(영문) 인천지방법원부천지원 2019.04.10 2018가합102316
당선무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is an occupant of Kimpo-si B Apartment-si (hereinafter "the apartment of this case") and a person elected as the representative of D Dong Dong-si, and the defendant is the council of occupants' representatives comprised of representatives of each Dong-si apartment of this case.

B. At the Defendant’s election commission meeting on April 6, 2018 and April 13, 2018, the Defendant’s election commission decided on the procedure for the Defendant’s election of the 12th executive officers (hereinafter “instant election”) (hereinafter “instant election”), etc., “The instant election day is May 2, 2018; the candidate’s election campaign period is from April 24, 2018 to May 1, 2018; and the candidate’s election campaign period is from April 24, 2018 to May 1, 2018.” On April 16, 2018, the Defendant publicly announced the receipt of a candidate for the president and the auditor.

C. A candidate for the instant election was registered by Plaintiffs, E, and C. D.

The election of this case was held on May 2, 2018, and 209 voters, among 1786 voters, were voting. As a result of the ballot counting, the Plaintiff obtained 81 votes, E 25 votes, and C 102 votes.

E. The Defendant’s election commission made the Defendant’s decision on the Defendant’s election of the chairman (hereinafter “instant election decision”), and publicly announced C on May 3, 2018 as the Defendant’s chairperson.

F. Meanwhile, the Defendant’s provision on the election commission regulations in force at the time of the instant election is the provision on March 14, 2014, signed and sealed by the Defendant’s auditor, technical director, general director, senior director, and president through a meeting held on February 25, 2014 and a notice held on February 26, 2014 (hereinafter “instant election commission regulations”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 7 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 22 through 24, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant's objection prior to the merits is not the subject of confirmation, in principle, as a matter of whether or not there exists a past right relationship and a third party's confirmation.

In addition, the legal status of the plaintiff is to be removed by the judgment.

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