Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit, including those resulting from the participation, shall be all included.
Reasons
Basic Facts
The defendant is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for the purpose of implementing a housing redevelopment and rearrangement project by making the Daegu Nam-gu Lies as a project implementation district, and the plaintiffs are the parties
A public announcement of the registration of candidates for executives and representatives was requested by 146 members (562 members of all the association), to hold an extraordinary general meeting aimed at appointing executives (the head of association, the auditor, the director, and the representative (hereinafter referred to as "executive officers, etc.") of the association. On September 30, 2015, the Defendant made a public announcement of the registration of candidates, such as executive officers, etc. of the association (hereinafter referred to as "public announcement of this case"). In such cases, the Defendant limited the qualification of candidates, such as executive officers, to the members who consented to the establishment of the Defendant pursuant to Articles 12 and 19 (hereinafter referred to as the "Election Management Regulations").
The Defendant adopted a resolution to select the Defendant’s Intervenor (hereinafter “Supplementary Intervenor”) as indicated in the attached Form with the consent of 270 with respect to the total number of 317 persons present at the special meeting held on November 3, 2015 (hereinafter “the instant special meeting”) from among 317 persons present at the general meeting (18 persons directly present at the meeting of 299) (hereinafter “each of the instant resolutions”).
Article 12(1)3 and 4 of the Election Management Regulations of this case stipulates that two or more persons, including the candidate himself/herself, shall submit written consent of the establishment of the association in the case of a person who intends to become a representative candidate, and five or more persons, including the candidate himself/herself, in the case of a person who intends to become a candidate for the director or auditor, respectively. Article 19(1)2 of the above Regulations stipulates that 30 or more members shall be recommended and written consent of the establishment of the association, including the candidate himself/herself, in the case of a person who intends to become a candidate for the head of the association.