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(영문) 대구지방법원김천지원 2016.04.01 2015가합420
당선무효결정 무효확인
Text

1. The defendant confirms that the plaintiff is the elected person of the council of occupants' representatives.

2. The Defendant on July 10, 2015.

Reasons

1. Facts of recognition;

A. Party 1) The Plaintiff is a B apartment (hereinafter “instant apartment”).

(2) Around November 2014, the Plaintiff filed a criminal complaint against C and D with the purport that (a) he/she embezzled KRW 58 million, and concluded an unnecessary apartment management contract with the head of the management office of the instant apartment. (b) A and D filed a criminal complaint against C and D with the purport that he/she embezzled KRW 58 million, and incurred management expenses by concluding an unnecessary apartment management contract.

C filed a criminal complaint on the charge of false accusation and defamation by asserting that the above complaint is false.

B. (1) On January 2015, the Plaintiff: (a) an election of the president of the council of occupants’ representatives for the instant apartment building (hereinafter “instant election”) by the Plaintiff.

A) The Plaintiff was candidate in the election campaign. The Plaintiff prepared and distributed promotional materials pointing out the number of apartment finances of KRW 58 million to occupants, etc., and E, who is another candidate, raises an objection to the said promotional materials to the election commission. (2) The instant apartment election commission (hereinafter “election commission”) was submitted by the Plaintiff and E, on January 13, 2015, a written commitment to faithfully implement the election management regulations.

The plaintiff added to the above pledge the phrase "I resign from the representative of the Dong without delay when C, D's embezzlement and breach of trust will be no longer raised."

(C) On January 19, 2015, the Plaintiff asserted that, on January 19, 2015, the promotional materials indicated in a will visa with the purport that the Plaintiff distributed the apartment finance of KRW 58 million during the election period, and raised an objection to the effect that, until the Plaintiff submitted evidentiary materials, the Plaintiff’s confirmation of the Plaintiff’s election would be postponed.

2. The case in which the plaintiff filed a complaint against C and D is filed on January 2015.

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