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(영문) 전주지방법원 2018.06.27 2017가합1379
무효확인 및 기탁금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. E, a party status of E (hereinafter “E”) is an incorporated association with the aim of contributing to social development, such as extension of F’s rights and interests, promotion of welfare, and volunteer activities. The Defendant is a non-corporate body comprised of members of E, who are at least 65 years of age, residing in the former city among all members of E, and the Plaintiff was active as the Defendant from August 24, 2015.

B. 1) The election commission regulations among the E’s operating regulations were enacted on July 2, 2016, and the Defendant established an election commission on July 25, 2016. 2) The Defendant discussed the organization of the election commission to elect branch presidents (hereinafter “committee”). Accordingly, on August 24, 2016, G, H, I, J, K, L, and M were commissioned as election management members, and G was elected as the chairman of the election management committee at the meeting of the commission on February 7, 2017.

C. The election of this case and the decision on the winner of this case 1) Defendant’s 16 branch chairman election of this case (hereinafter “instant election”).

(2) On February 7, 2017, at a meeting of the commission, the election day of the president of the branch was March 8, 2017; the period of candidate registration was from February 24, 2017 to February 28, 2017; the deposit money under Article 23(5) of the Election Management Regulations was determined to be KRW 7 million among the E’s operational regulations; and the deposit money was decided to be deposited into the Defendant’s miscellaneous income; 2) the Plaintiff and D registered as a candidate for the instant election; the Plaintiff paid KRW 7 million to the commission on February 28, 2017.

3) In the instant election that was implemented on March 8, 2017, 498 voters were voting by 589 voters, and the Plaintiff obtained 428 votes among 497 votes as a result of the instant election and 69 votes, and the commission decided D on March 8, 2017, which was the instant election day, as the elected person (hereinafter “instant decision”).

D.

Of the operational regulations E of E, the election of the heads of various levels applied to the election of this case shall be elected.

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