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(영문) 전주지방법원 2020.02.12 2019가합882
동대표자선거 무효확인 청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion was around July 2015, the Defendant organized an election commission with respect to the 6th election for representatives by buildings (hereinafter “instant election”), which was held in B apartment around July, 2015, by making those not qualified, such as submission of the application form or lack of proof of power of representation, as election management members.

Therefore, the organization of the above election commission is invalid, and the election of this case conducted through the election commission is also null and void.

2. Judgment on the defendant's main defense

A. The summary of this safety defense was expired on June 30, 2017, by those elected as representatives of buildings through the instant election for which the Plaintiff seeks confirmation of invalidity, and the representative of buildings was elected through a new election on June 21, 2017. As such, the Plaintiff’s lawsuit seeking confirmation of invalidity of the instant election is unlawful as there is no benefit of confirmation.

B. Determination 1) In a lawsuit seeking a confirmation of invalidity of the decision made as the elected person on the ground that there is a defect in the decision made as the elected person, if a person who was elected as the officer did not hold the position of the officer, then the lawsuit seeking confirmation of invalidity of the decision initially made as the elected person is to seek confirmation of the past legal relationship or legal relationship, and thus, there is no benefit in confirmation (see, e.g., Supreme Court Decision 2014Da9670, Jun. 11, 2015). 2) If the overall purport of the pleadings in each of subparagraphs 1, 1, and 1 through 3 is added, the term of office of each of the six representative representatives elected as the elected person by the election in this case expires on June 30, 2017; 2) the defendant publicly announced the elected person by the representative of each Dong on June 71, 2017; and 3) the term of office of the newly elected representative from June 21, 2017 to July 3, 19.

According to the above facts of recognition, the term of office of the representative of each Dong due to the election of this case was terminated on June 30, 2017, and accordingly new.

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