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(영문) 청주지방법원 2019.08.30 2018가합5956
동대표 선거 무효확인
Text

1. Of the instant lawsuit, the Plaintiff B’s lawsuit is dismissed.

2. The representative for each building of C Apartment that the Defendant conducted on May 10, 2018.

Reasons

1. Basic facts

A. The defendant is a council of occupants' representatives organized by the Multi-Family Housing Management Act to determine important matters concerning apartment management on behalf of the occupants, etc. of the Cheongju-si C apartment (hereinafter "the apartment of this case"), and the plaintiffs are currently or was the occupants of the above apartment.

B. In the form of “application for registration of candidates for representatives of each Dong” attached to the instant apartment management rules, the required documents stated “five or more Dong representatives’ consent forms/Dong (election districts)” and the Defendant Election Commission made a resolution on February 7, 2018 to the effect that “this consent form among the required documents stipulated in the instant apartment management rules is prohibited from door-to door visits even during the election campaign period, and thus, it may be excluded from the election campaign at a time other than the election campaign period (hereinafter “resolution 1”).

C. On February 8, 2018, the Defendant Election Commission announced the election of representatives from each Dong-dong, Ddong, and Fdong among the instant apartment buildings, as follows. Pursuant to the resolution of the first instance, the Defendant Election Commission excluded “at least five members of the Dong-dong Election Agreement/Dong (Election Districts)” from the candidate registration document.

Public notice of election of representatives of buildings

1. The number of persons elected by constituency: J-Dong (one person), D-Dong (one person), and F-Dong (one person);

2. Term of office: The period of candidate registration from October 1, 2017 to September 30, 2019: From February 8, 2018 to February 13, 2018: the period of election on February 12, 2018: the document of candidate registration and the confirmation of grounds for disqualification for representatives from each building: the period of election on February 13, 2018: February 14, 2018.

2. 20. D

Plaintiff

A had received “application for registration of candidate for representative of Dong” from the head of the management office of the apartment of this case with intent to leave the apartment of this case Fdong, Plaintiff B Ddong, and K as the representative of J Dong-dong and received the “application for registration of candidate for representative of Dong” from the head of the management office of the apartment of this case. Notwithstanding the first resolution, the said application was written as required documents, and was written as “not less than five and not less than one copy for Dong

2.3.

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