(영문) 서울남부지방법원 2020.11.17 2019가합106089

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(영문) 서울남부지방법원 2020.11.17 2019가합106089

당선무효결정 무효 확인의 소

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1. A plaintiff who was elected in the 11th election for the head of the 11st unit B implemented on December 19, 2018 by the election commission under the defendant's jurisdiction.

Reasons

Facts of recognition

The defendant is a corporation established by consisting of 16 City/DoF associations pursuant to Article 59 of the Passenger Transport Service Act (hereinafter referred to as the "passenger Act").

The Plaintiff was appointed as the president of the Defendant in 2013 and was reappointed in 2016 and the term of office expires on December 31, 2018, and was elected as the president in the 11st presidential election held by the Defendant on December 19, 2018 (hereinafter “instant election”).

Around December 21, 2018, G (the president of H Association) and E (IF) submitted a written objection to the election result of each of the instant elections on December 28, 2018 to the election commission under the Defendant’s jurisdiction (hereinafter referred to as the “election commission”).

After a written resolution is issued by the defendant that extends the term of office of the members of the Election Commission by January 14, 2019, the Election Commission held the 11th election commission on January 14, 2019, and the election commission made a resolution: (i) the plaintiff settled the amount of KRW 4,80,000,000 added the added amount to the food value that was provided at a L restaurant on November 28, 2018; (ii) the plaintiff delivered cash to L on the same day; (iii) the plaintiff paid the amount of KRW 500,000 without eating at L; (iv) the plaintiff paid the amount of KRW 13,00,000,000 that L was borne by L to the plaintiff through the N association president; and (v) the plaintiff promised to discharge the obligation of KRW 50,000,000,000 that L was borne by LO on behalf of L; and (iii) the election decision in this case constitutes a violation of Article 17(17(1)1)1.

The articles of incorporation and election management regulations of the defendant in relation to the instant case are as follows:

Article 11 (Appointment of Officers) (1) The president shall be appointed at a general meeting from among the representatives of members (the chairperson of each City/Do cooperative).

(6) The chairperson, vice-chairpersons and auditors shall be the chief director of a City/Do association which satisfies the following conditions:

(a)..

참조조문

-여객자동차 운수사업법 제59조

유사 판례

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-대구지방법원 의성지원 2015.12.03 2015고정45

-대구지방법원 서부지원 2015.03.25 2014고정1234