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(영문) 대구지방법원 2017.01.12 2016가합2639
입주자대표회의회장당선및선거무효
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

1. The plaintiff's assertion

A. On June 8, 2016, the Plaintiff and Defendant B registered as a candidate for the president of the council of occupants' representatives as residents residing in Daegu Suwon-gu apartment, and Defendant B obtained multiple votes in the election of the president of the council of occupants' representatives (hereinafter "the election of the president of the instant case"), and Defendant C Apartment Election Commission publicly announced Defendant B as the president of the council of occupants' representatives.

B. However, the election of the chairman of the instant case violates Article 28(3) of the apartment election management regulations by voting by “I”, which is recorded in the electoral registry, and is not the resident “H” as an agent of the tenant, and violated Article 10 of the apartment election management regulations. ③ Defendant B carried out an election campaign at the time other than the election campaign period, and distributed promotional materials in large quantity at the entrance of the apartment at the time of the election campaign without direct promotional materials at the time of the election campaign, or distributed the apartment mail, which violates Articles 23(2) and 24(8) of the apartment election management regulations. ④ The election of the chairman of the instant case is an election campaign in violation of Article 23(2) and Article 24(8) of the apartment election management regulations, and there is a concern that a person who was not registered in the electoral registry due to the lack of resident registration number on the election day might have cast a vote, etc.

C. Accordingly, the Plaintiff primarily sought confirmation that Defendant B was elected as the president at the council of occupants’ representatives held on June 8, 2016, and accordingly, the Plaintiff, who was the next lowest holder, sought confirmation as the winner of the election, and as a preliminary confirmation, sought confirmation as invalid the election of the president of the council of occupants’ representatives held by Defendant C Apartment Election Commission on June 8, 2016.

2. Determination on this safety defense

A. The Defendants’ summary of the main safety defense is the defendants.

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