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(영문) 서울동부지방법원 2019.04.11 2017가합110784
당선무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a juristic person established with the purpose of promoting friendship through mutual aid among I, improving the rights and interests of its members, and contributing to the development of the State and the promotion of the public interest in accordance with the G law, and the plaintiffs are the members of the defendant.

B. As a result of the investigation into the 35th president election and H, the J, elected by the president at the 35th chairman election of the Defendant, was indicted for suspicion of receiving money and valuables, etc., the Defendant, on January 13, 2016, dismissed the J by holding an extraordinary general meeting and held a 36th chairman election.

(2) H went out as a candidate for the Defendant’s 35th presidential election, and became subject to investigation due to the fact that it interfered with the Defendant’s fair election management of the Defendant election management members by providing money and valuables to representatives.

On April 3, 2017, the prosecutor issued a non-prosecution disposition on the ground that “it is deemed that K, which causes the election campaign of H, provided money and valuables to representatives directly or through other election campaign workers, but it is difficult to deem that there was a deceptive scheme that is likely to undermine the propriety and fairness of the work of election management members.”

C. (1) On August 11, 2017, the Defendant held an extraordinary general meeting and held a 36th president election (hereinafter “instant election”).

The candidates run for H, L, M, etc. 8, and there was no major number of votes such as M 146 marks in total 352 marks, H 132 marks, L 59 marks, and M, which were only two persons who received the highest number of marks, and H were to cast a run-off vote.

(2) On August 11, 2017, the voting was held from 4:54 p.m. to 26 p.m., and around 5:7 p.m. at 5:00 p.m., text messages stating “the voting was made by means of a candidate candidate No. 4 p.m., instead of a mark 4 p.m., in the voting.” (hereinafter “instant text messages”) sent to voters, who are electors.

(3) The vote counting result.

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