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(영문) 의정부지방법원고양지원 2016.03.30 2015가합2843
당선무효확인 및 소송비용지불을명하는판결
Text

1. The part of the instant lawsuit seeking invalidation of the decision of the representative of C Apartment 118 shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the occupants of the Goyang-gu Incheon Metropolitan City C apartment (hereinafter “instant apartment”) 118 Dong residents.

B. On August 1, 2014, the instant apartment election commission published a notice of election of representatives by Dong for the formation of the council of occupants’ representatives as follows.

Promotion of candidates and the election period: The election day from August 22, 2014 to August 28, 2014: From August 29, 2014 to August 31, 2014

8. 30. - From 9:00 to 21:00/

8. 31. - 9:00 to 18:00

C. The plaintiff and the defendant were standing as the candidates for the 118 Dong Dong representative of the apartment of this case, and the plaintiff 28 of the total number of 42 of the 42 votes in the election for representatives of each Dong conducted during the above election period, and the defendant obtained 14 votes respectively.

On August 29, 2014, the day of the election campaign period, the Plaintiff, on which August 29, 2014, the day of voting, intended to separately collect the occupants from the garbage separation and collection place. However, on September 1, 2014, the Defendant asserted that the Plaintiff’s act constituted “an act of conducting an election campaign when it is not the election campaign period” and submitted a written request to the election commission of the instant apartment.

E. On September 2, 2014, the instant apartment election commission deemed on August 29, 2014, the Plaintiff’s act of assisting residents in the separate collection of the apartment management regulations in violation of the instant apartment management regulations, and decided the Plaintiff’s invalidation of the Plaintiff’s 118 representative election, decided the Defendant to become the 118 representative elected (hereinafter “the first resolution”), and announced the Defendant as the elected person for the 118 representative election on the same day.

F. On September 5, 2014, the Plaintiff filed an application for provisional disposition against the Defendant for the suspension of the Defendant’s performance of duties by the Defendant’s representative under the Goyang-gu District Court 2014Kahap280, and the said court on December 24, 2014, “Until the Plaintiff’s principal decision on the invalidation of the election against the Plaintiff’s council of occupants’ representatives of the instant apartment units became final and conclusive, the Defendant is the representative of each Dong, 118 apartment units.

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