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(영문) 의정부지방법원고양지원 2015.09.24 2015가합1659
동대표회장 당선무효 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 24, 2014, the Plaintiff was elected as the president at the election of the chairman of the council of occupants’ representatives of C Apartments.

In the election, the defendant, who is the next highest holder in the election, exercised two voting rights for one household to select the plaintiff as the chairperson, and the plaintiff violated the election management regulations by providing the plaintiff with goods such as old-gu and gambling to the elderly's family, and raised an objection to the election commission.

Election Commission decided to invalidate the plaintiff's election and decided the defendant as the chairperson's election.

B. On November 3, 2014, the Plaintiff filed a civil petition with the Yongsan-gu Office on the ground that it is unreasonable for the Plaintiff to determine the Defendant as the Chairperson, even if it excludes the invalidation list.

Japan-dong Office notified the election president again to the election commission.

C. On December 22, 2014, the Election Commission publicly announced the election of the president of the council of occupants’ representatives and the candidate registration, etc., and registered the Plaintiff and the Defendant.

On December 18, 2014, the election commission decided to invalidate the plaintiff's registration of candidate.

The defendant was elected as the chairperson of the council of occupants' representatives at the election held on December 22, 2014.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 7, 8, 9, and the purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the assertion is that the Plaintiff’s decision to invalidate the Plaintiff’s registration of a candidate and that the Defendant was found as a sole candidate. As such, the Defendant’s election of the Chairperson on December 22, 2014 is null and void, and the instant lawsuit was filed.

However, since the instant lawsuit is a lawsuit that contests the qualification of the president of the council of occupants' representatives, the other party shall be the "council of occupants' representatives", and the instant lawsuit against the "defendant" is unlawful as there is no benefit of qualification or confirmation of the

(b) the representative of a single-class group of disputes within the judgment body;

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